What Copyright Fair Use Does for You

Anytime that you create musical, literary or artistic works that you want to protect from others who may try to claim them as their own, you should register your copyright in the works. But why is this so important? And if someone does try to claim something that you have copyrighted, what rights do you have? Some of these ideas are covered in the Copyright Fair Use Doctrine. So before you have your works copyrighted, take some time to learn what rights you will have.

What is the Copyright Fair Use Doctrine?

The law generally gives individuals with copyrighted materials the exclusive right to reproduce or authorize others to reproduce their works. However, there are specific instances in which your works can be fairly reproduced without your authorization, and they, according to section 107 of the doctrine, include being used for the purposes of “criticism, comment, news reporting, teaching, scholarship, and research” (http://www.copyright.gov/fls/fl102.html). Four other factors that must be considered to determine whether the use is fair include:

• Whether it is used for commercial vs. nonprofit educational purposes.

• What the nature of the copyrighted work is.

• How much of the copyrighted material is being used from the work as a whole, and how central that portion is to the work.

• What effect the used material can or does have on the potential market or value of the work (how the use affects the owners ability to make a profit).

Who Can Help You

The line between fair use and infringement can be somewhat unclear. However, if you feel that the creative property you have copyrighted is being used outside of the rights listed in the Copyright Fair Use Doctrine then it may be time to take action. There are organizations and law firms available that specialize in this area and can help you determine whether your rights are actually being violated and, if necessary, move forward with the process of protecting your rights in a lawful matter. If after moving forward, the courts find that your works have been infringed upon, you could be awarded actual damages or statutory damages that, in the case of willful infringement, can be up to $150,000 for each work infringed upon – an additional benefit to claiming back the rights to your intellectual property.

You can take full advantage of your copyright fair use rights by learning more about the fair use doctrine. So research how it protects your works to avoid having others benefit from your creativity.

Learn how to copyright. You’ll be glad you did.

• AFFILIATE STATUS DISCLOSURE:

  You should assume that the owner of this website is an affiliate for providers of goods and services mentioned on this website and may be compensated when you purchase from a provider. To learn more, click here.

• Recent Articles

  • What if the Estate Tax Could Affect You? – Part Two
  • What if the Estate Tax Could Affect You? – Part One
  • More Things to Consider about a Health Care Power of Attorney
  • How Wills Work, Part Three
  • How Wills Work, Part Two

• Legal Articles

  Select Category Asset Protection Bankruptcy Copyrights Divorce Foreclosure Immigration Incorporation Inheritance Tax LLC Patents Power of Attorney Prenuptial Agreements Real Estate Tax ID Trademarks Trusts Uncategorized Wills

• Ask a Question

  
  
  

• Other Resources