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Health & Fitness

Copyright Law - Fair Use Doctrine

With the advent of social-media and instant photography it has become common place for self proclaimed "journalist" to falsely accuse others of "stealing" works in violation of US Copyright Law. 

So to bring all of our newbie social-media junkies up to speed on how your works, photos, etc are and are not protected under US Copyright Law here is the specific language and laws provided by the United States Copyright Office: http://www.copyright.gov/fls/fl102.html

For those that do not want to read, here is the scoop:
If you post a picture on any social media site and your picture is re-used by someone else and that use falls under "fair-use" than it is not a violation of copyright law. (unless the person using your work is making money off of it) 

Here is the specifics on the law:
- One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

    1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
    2. The nature of the copyrighted work
    3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
    4. The effect of the use upon the potential market for, or value of, the copyrighted work

    The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

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    The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

    So, if you post a picture to a Blogg or other social media based website you can kiss your copyright protection goodbye under "Fair Use" doctrine…

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    I hope this serves to help all those being harassed by "journalist" threatening to sue you for using photos that fall under "Fair Use"

    Happy blogging all.

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