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Fair Use Copying of Copyrighted Materials
Fair Use Copying of Copyrighted Materials
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Fair Use Copying of Copyrighted Materials
Fair Use is described as copying of copyrighted material, but only for limited purpose and without any permission from the copyright owner. This promotes freedom of expression by permitting use of copyrighted material in certain circumstances. These certain circumstances are activities like criticism, comment, news reporting, teaching, scholarship, and research.
In my opinion, Fair Use of copyrighted material should be left as is, as it covers all the scenarios where in any material could be used for limited purposes and also, doesn’t exploit use of actual owner’s material. For instance, quoting an author’s material in a review is within Fair Use limits and totally understandable as it gives more context.
”A reviewer may fairly cite largely from the original work, if his design be to use the passages for the purposes of fair and reasonable criticism, if he cites the most important parts of the work, with a view, not to criticize, but to supersede the use of the original work, such a use will be deemed a piracy.”
Justice Joseph Story of the United States Supreme Court wrote in that matter, Folsom v. Marsh, a Massachusetts case involving the papers of George Washington. (https://www.nytimes.com/1983/02/18/nyregion/nation-magazine-loses-suit-on-ford-s-memoirs.html).
In case of journalist’s, they could quote a speech without the orator’s permission which gives them more credibility. In case of educational uses, teachers can photocopy portions of work, for classroom purposes which is totally acceptable. In the Educational Fair Use Guidelines, it is mentioned, “Since the current copyright law was adopted, various organizations and scholars have established guidelines for educational uses.
These guidelines are not part of the Copyright Act and are summarized in Chapter 7, which deals with academic and educational permissions.” (https://fairuse.stanford.edu/overview/faqs/copyright-protection/)
There are some considerations when Fair Use is in picture – The purpose for intended use, competition with the source, using the name of the author and giving him credits does not mean that any material or how much ever material can be used, the more material from the original you use means the less Fair Use that it will be, the quality is as important as quantity that is used.
By including a copyright notice, the author can make it simpler for anyone who desires to use the material for any purpose. Author can do this by giving a copyright notice which says, the word “copyright”, c in a circle, date of publication, name of either the author or the owner of all the copyright rights, this would help anyone to track the author to use any of his / her work.
According to International Copyright Protection, “Copyright protection rules are fairly similar worldwide, due to several international copyright treaties, the most important of which is the Berne Convention.
Under this treaty, all member countries — and there are more than 100, including virtually all industrialized nations — must afford copyright protection to authors who are nationals of any member country. This protection must last for at least the life of the author plus 50 years and must be automatic without the need for the author to take any legal steps to preserve the copyright.” (https://fairuse.stanford.edu/overview/faqs/copyright-protection/)
In its most general sense, fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.
In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as fair use, then it would not be considered an infringement. Unlike other forms of fair use, fairly extensive use of the original work is permitted in a parody in order to “conjure up” the original [1].
There are several factors that a court will consider when determining whether an instance of infringement qualifies as fair use. Non-commercial use weighs heavily in favor of finding that the infringement is fair use. Violations often occur when the use is motivated primarily by a desire for commercial gain.
The fact that a work is published primarily for private commercial gain weighs against a finding of fair use. When it comes to fair use, unpublished works are inherently different from published works. Publishing an author’s unpublished work before he or she has authorized it infringes upon the author’s right to decide when and whether the work will be made public [2].
Although some of the criticism is directed at courts’ alleged misapplication of the governing legal rules and standards, much of it has begun to focus on structural features that sometimes compel would-be users to give in to copyright owners’ expansive interpretations of the scope of the owners’ rights.
Among these features are the potentially high costs of fending off even weak copyright infringement suits; endemic risk aversion on the part of all parties involved, including the providers of errors and omissions (“E&O”) insurance; and, relatedly, the often complex, fact-specific, and hence relatively unpredictable nature of the governing standards themselves [3].
Fair use is controversial in that it is a contradiction of the basic concept of copyright’s five rights. Fair use provides the privilege of using an author’s work without permission or payment. In 1978, the new copyright act spelled out fair use but only after resistance.
The copyright committee working on the new law felt that trying to nail down specific guidelines for fair use in an era of technological change was futile. The codification of fair use is short and seemingly straightforward in the text of the law, but this still does not make its application any clearer than in the past [4].
References:
https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/
https://www.nolo.com/legal-encyclopedia/fair-use-rule-copyright-material-30100.html
https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=1158&context=faculty_articles
Fair Use Copying of Copyrighted Materials
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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