Copyright laws protect creators' original works, granting them exclusive rights. These laws promote creativity and innovation while safeguarding intellectual property. However, fair use allows limited use of copyrighted material without permission for societal benefit.

Fair use applies to educational purposes, news reporting, criticism, and parody. Courts consider four factors when determining fair use: purpose of use, nature of work, amount used, and market impact. Understanding these laws helps creators navigate copyright issues responsibly.

Copyright Laws and Fair Use

Purpose of copyright protection

• Legal protection granted to creators of original works safeguards literary, artistic, musical, and intellectual creations
• Promotes creativity and innovation by providing exclusive rights to creators
• Exclusive rights include reproduction, distribution, derivative works, public performance and display
• Protection typically lasts for creator's life plus 70 years
• Covers diverse works (books, photographs, music, films, software)

Concept of fair use

• Limited use of copyrighted material without permission benefits society
• Applies to educational purposes, news reporting, criticism, parody (Saturday Night Live skits)
• Balances creators' rights with public interest fostering innovation
• Serves as a defense against infringement claims rather than an inherent right

Factors determining fair use

1. Purpose and character of use

   • Commercial vs. non-profit educational use
   • Transformative nature of new work (remix, mashup)

2. Nature of copyrighted work

   • Factual vs. creative works
   • Published vs. unpublished works

3. Amount and substantiality of portion used

   • Quantity of original work used
   • Quality or importance of portion used

4. Effect on potential market or value

   • Impact on original work's market
   • Consideration of potential derivative markets

• Courts weigh all factors together requiring case-by-case analysis

Application of copyright laws

• Obtain permission when possible for using copyrighted material
• Use public domain or Creative Commons licensed content
• Properly attribute sources and keep records of fair use analysis
• Transform original work when possible (parody, commentary)
• Consider impact on original work's market
• Create original content or use stock media libraries as alternatives
• Understand takedown notices and procedures for responding to copyright claims