In a previous blog, I covered the topic of how Copyright protects an author from having all or most of their work, the major gist of it, reproduced without their permission, without being paid. While many authors will write because they want to write, most of us also have to earn a living and copyright allows for that.
Associated with copyright is Fair Use, which means someone can quote from the author’s work, but only a comparatively small amount of the work, and not the essence of the work. Fair Use is part of the Copyright Act of 1976, Section 107.
So, how much is Fair Use when quoting material for a book review or criticism, or when we’re using research in a novel?
As I’ve indicated above, Fair Use is determined by several things, which should be considered all together:
Is it the author’s expression that is in consideration, or is it just facts or ideas. If it’s not the author’s expression, then you don’t need permission. (See my previous post on Copyright, for clarification on what is considered the author’s expression, and what may be copyrighted.)
If the work isn’t protected by copyright, then you don’t need permission.
However, if the part of the work in question is the author’s expression and is copyrighted, then the question becomes, is it fair use of the work? If it’s Fair Use, then you might not need permission.
Is the use for criticism, comment, news reporting, teaching, scholarship, or research? Generally it’s okay if it’s for nonprofit educational purposes, rather than for commercial purposes. (There are some other stipulations here, but it’s too complicated to address in the space here.) If it’s for commercial purposes, but you’ve taken these other factors into consideration, then you’re probably okay.
Another factor is the amount that will be used in relation to the copyrighted work as a whole. Further, under consideration is also the importance of what is used in relation to the total work.
The final factor is how the use will effect the potential market or value of the copyrighted work. If the use reduces that work’s market or value, then it is infringement.
For further reading and details on copyright and Fair Use, I would suggest The Copyright Handbook: How to Protect & Use Written Works by Attorney Stephen Fishman.
(I hope this helps to clarify Fair Use, and I promise to offer something less “dry” next week.)
This was a nice and easy to grasp explanation.
With the internet there is no reason not to credit and direct link to the author. These laws are so confusing but Fair Use with credit (and links) to the original piece now offers a freedom of distribution and potential publicity that can be embraced.
Thanks!