Quotes that you think summarizes the notion of fair use: CCM500 April 2011 Jana Kelly "Fair use is a means to allow people to comment on a pre-existing work, not a means to allow someone to take a pre-existing work and re-create it into their own work." Barry Slotnick Linda Bourgeois The essence of the fair use doctrine is that a person is not using the work in such a manner that is, or has the potential of, diverting income from the creator." -Nancy Willard, quoted in "Is Fair Use a License to Steal?" Part 2 of a series on Copyright and Fair Use, an article by Linda Starr http://www.educationworld.com/a_curr/curr280b.shtml Lisa Tarrison-Schramp Fair Dealing is the right, within limits, to reproduce a substantial amount of a copyrighted work without permission from, or payment to, the copyright owner. Its purpose is to facilitate creativity and free expression by ensuring reasonable access to existing knowledge while at the same time protecting the interests of copyright owners. -The Canadian Association of University Teachers. http://www.caut.ca/uploads/IPAdvisory3-en.pdf The rigid confines of the Copyright Act’s fair dealing provisions continue to reflect a vision of fair dealing as a marginal exception that must be strictly construed and rarely enjoyed. Carys Craig. The Changing Face of Fair Dealing in Canadian Copyright Law: A Proposal for Legislative Reform Mary Scholbe Each new Fair Use case increases our awareness and our knowledge. From: J.J. Eysenck editor. Case studies in Behaviour Therapy (1976) Cindy Rockoff Fair use, a limitation and exception to the exclusive right granted by copyright law to the author of a creative work, is a doctrine in United States copyright law that allows limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. The term fair use originated in the United States. A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright. From Wikipedia, the free encyclopedia Catherine Hardman “These three cases suggest that the transformative nature of the repurposing for educational use can be further enhanced if the work is recontextualized. Thatis, the more integrated a work is with other material, the stronger the claim of fair use.” Jonathan Band, Association of Research Libraries, December 2007 http://www.arl.org/bm~doc/educationalfairusetoday.pdf Bob Sweet "Fair Use is the notion that you may use a limited amount of copyrighted material in a non-commercial venue (ie: an academic paper or review). The right to use copyrighted material is not granted when the person using it is, say, publishing a book. For instance, you may not quote Oprah without getting permission from Harpo Enterprises. She owns her words. You can't re-publish the lyrics to a Jimmy Buffet song--in whole or in part-without permission from his music publishing company. . . .There is no Fair Use for publishers." http://www.creativemindspress.com/misc.htm Sara Swanson "Fair use is not a grudgingly tolerated exception to the copyright owner's rights of private property, but a fundamental policy of the copyright law. The stimulation of creative thought and authorship for the benefit of society depends assuredly on the protection of the author's monopoly. But it depends equally on the recognition that the monopoly must have limits. Those limits include the public dedication of facts (notwithstanding the author's efforts in uncovering them); the public dedication of ideas (notwithstanding the author's creation); and the public dedication of the right to make fair use of material covered by copyright." Pierre N. Leval, "Toward a Fair Use Standard," Harvard Law Review 103.5(March 1990) Wendy Lyon "Fair use is the legal doctrine under which unathorized uses can be made of copyrighted expression without constituting infringement Bartow, "Response: Bloodsucking Copyrights," 70 Maryland Law Rev. 62,76 (2010). "Fair use is always going to be a gray area, and it should be. We need to allow for things we can't see yet." Robin Gross, founder of IP Justice. Great-Quotes.com and BrainyQuote.com Jaime Scibelli "A commercial motive doesn't always disqualify someone from claiming a fair use. A use that benefits the public can qualify as a fair use, even if it makes money for the user. For example, in its advertising a vacuum cleaner manufacturer was permitted to quote from a Consumer Reports article comparing vacuum cleaners. Why? The ad significantly increased the number of people exposed to the Consumers Reports' evaluations and thereby disseminated helpful consumer information. The same rationale probably applies to the widespread practice of quoting from favorable reviews in advertisements for books, films, and plays." "Take from someone else only what you wouldn't mind someone taking from you." (Both quotes from "The 'Fair Use' Rule: When Use of Copyrighted Material is Acceptable", http://www.nolo.com/legal-encyclopedia/fair-use-rulecopyright-material-30100.html, "Only one thing is impossible for God: to find any sense in any copyright law on the planet.", Mark Twain's Notebook, 1902-1903. (found on "Mark Twain quotations" website, http://www.twainquotes.com/Copyright.html, Jean Blaho "Fair use: the conditions under which you can use material that is copyrighted by someone else without paying royalties" The Free Dictionary by Farlex http://www.thefreedictionary.com "Fair use is a legal concept that allows the reproduction of copyrighted material for certain purposes without obtaining permission and without paying a fee or royalty." From whatis.techtarget.com Dyveke Sijm "[L]awyers and judges decide whether an unlicensed use of copyrighted material is “fair” according to a “rule of reason.” This means taking all the facts and circumstances into account to decide if an unlicensed use of copyright material generates social or cultural benefits that are greater than the costs it imposes on the copyright owner" (2008) Code of Best Practices in Fair Use http://www.law.stanford.edu/news/pdf/Code_of_Best_Practices_in_Fair_Use_for_Online _Video.pdf Ellyn Hasama "As more of our libraries transition to electronic resources, the main impact seems to be in protecting our patrons' ability to effectively, completely, and legally use the resources, without incurring copyright breach of contract liability. It coule prove to be a delicate dance." Source: Pike, George H. (2002). The delicate dance of database licenses,copyright and fair use, Computers in Libraries, 22(5), 12-15. Laura Clos "I think that if songwriter writes a song, they should have the right to continue to make money when it gets played on the radio, say, or used in an advertisement. But when it comes to transformative sampling, we need to acknowledge that musicians have always copied each other, and have always transformed previously existing compositions and recordings. There needs to be a balance." Kembrew McLeod, co-author of Creative License: The Law and Culture of Digital Sampling, in the Atlantic, http://www.theatlantic.com/entertainment/archive/2011/04/how-copyright-law-hurtsmusic-from-chuck-d-to-girl-talk/236975/ Elizabeth Lloyd "Your fair use of this book is restricted. You may only read this book once." Anonymous Jackie Klein "[Fair Use] is an imperfect attempt to reconcile the competing ideals of free speech with the property rights of individual creators. Fair use recognizes that the reason for our nation's copyright laws is not so much for individual creators, but, rather to promote the progress of art and science." From Fair Use in a Nutshell, Lloyd J. Jassin http://www.copylaw.com/new_articles/fairuse.html
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