Posted: October 6th, 2022

The Fair Use Doctrine

The Fair Use Doctrine

The fair use doctrine in the United States lets people use copyrighted content in limited ways without getting permission from the owner of the content first. Copyright protects the original owner’s fixed content by letting the person who owns the copyright show or display, copy, distribute, or make new content based on the original. So, the Fair Use doctrine gives people a reason not to use copyright protection (Aufderheide & Jaszi, 2018). Fair use is measured by looking at a few things. The first of these factors is the nature and goal of the use. second, the type of copyrighted work, and third, the amount of work done. Last, what effect the use of the content will have on the possible market.

Example:

Fair Use was shown in the case of Chevaldina, a former commercial tenant who was upset with her landlord and used an unflattering picture of him. Twenty-five critical blog posts used a picture of Katz, who used to be her landlord. Katz was annoyed enough to buy the rights to his photo so he could sue Chevaldina for infringement. Katz’s eyebrows are sharply raised in the picture, and his tongue is sticking out of his mouth. Chevaldina made Katz look ugly, embarrassing, and weak in the photo.

What happened:

Since the photo was used to make fun of and make fun of Katz’s character, it was not used for commercial purposes and was seen as a change. Chevaldina used the same photo in three different ways in her blog posts: she copied it exactly as it was, she added sharply worded captions to it, and she cropped it and pasted it into mocking cartoons, such as in a blog where she put the photo on top of a cartoon dunce hat (katz opinion.pdf). Katz sued Chevaldina for copyright infringement, but he didn’t include google Inc., which uploaded the photo first.

Fair Use was successfully brought up Doctrine

Section 107 of the Copyright Act says what the Fair Use Doctrine is and how it works. It says very clearly that it is not an infringement of copyright if the content is used without the owner’s permission for things like comment, criticism, news reporting, teaching, research, or scholarship. But the legal factors also need to be looked at. Based on what the judge said, Chevaldina was allowed to use all of Katz’s photos. I agree with the results because the photo used in the blogs was meant to warn and educate people about Katz’s supposed bad behavior, not to make money, since she didn’t get paid for it. It was also meant for criticism and discussion, which is legal under Fair Use.

Explain why Fair Use is right.

Protecting ideas and inventions

Fair Use makes it easier for people to share information and learn new things because it lets students, scholars, and the general public use copyrighted materials under certain conditions that limit the monopoly that a copyright owner could have over the material or content (Kadir & Salim, 2018). Protecting intellectual property in general is important because it helps a business stand out from its competitors, the IP rights can be used for commercial purposes or licensed, providing a stream of income, it’s good to offer customers or clients something different and original, the IP rights help people form an important part of branding or marketing, and the property could be used as collateral for loans.

How important it is for society to have access to intellectual property

Many things about a business can be protected, like its name, logo, designs, creative works, inventions, or trademarks. There are different kinds of intellectual property, such as patent protection, copyright, and trademark. Having access to intellectual property is good for society as a whole. The first benefit is that the economy will do well. Organizations that depend on intellectual property rights have an effect on the growth of the economy because they create jobs, have a strategic role, and pay taxes. It also encourages new ideas and the making of money to pay for new ideas. The money then goes to consumers and the rest of society.

weighing the rights of content creators against those of the public good

There are some works that don’t have copyright protection. For example, choreography that hasn’t been written down or recorded, or any speech or performance that hasn’t been written down or recorded. That is the court’s official statement that the arts and sciences are getting better and better every day. This part of the deal for copyright protects both artists’ rights and consumer rights. In short, copyright does not protect the ideas that a person comes up with. It only protects the origin and history of ideas, principles, discoveries, and methods.

Copyright infringement is what happens when a protected work is performed, copied, distributed, or shown in public without the permission of the owner of the copyright. The court looked at the case and decided that the way Chevaldina used the photo and why she did it worked in her favor. Protecting a business or work against infringement is a good idea if you want to have the only right to make, use, sell, or import it. Fair Use encourages freedom of expression by letting people sometimes use copy-righted works without a license.

References

Retrieved from https://www.eff.org/files/2015/09/17/katz_opinion.pdf

Kadir, K., & Salim, J. (2018). Intellectual Property Rights (IPR) Management and Monitoring Framework for University Innovation Centre. Center for Artificial Intelligence Technology: Langkawi, Malaysia.

Aufderheide, P., & Jaszi, P. (2018). Reclaiming Fair Use: How to put balance back in copyright. University of Chicago Press. – essay writers

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