Fair Use: Are You Using Another’s Work Without Permission?

Sometimes, and just sometimes, you can use someone else’s copyrighted work without permission! There are some exceptions to the requirement that you not use the work of another without them granting you a license to use it, and “fair use” is one of them.

Generally speaking, the doctrine of “fair use” allows copying of copyrighted materials for a limited purpose, such as commentary, criticism of the work, a review of the work, or a parody of the work.

What are some examples of “fair use?”

• A summary of a medical study about low-carb diets in a newspaper article, with some quotes from the original study.
• Copying a portion of a literary work for a class you are teaching about the Great American Novel.
• A photograph of a painting on display for an art exhibition for a story you are writing about the arts scene in your city.
• A parody of a scene from a famous film during a talent show.

The rationale behind the “fair use” doctrine, especially in the context of criticism or commentary is that the public is benefitted by allowing the inclusion of the copyrighted work in your publication.

Note the “fair use” almost never covers commercial use of the copyrighted material. If your use causes the copyright holder to lose money, or it diverts sales to you that should have properly been theirs, then your use is very likely NOT fair use and you’re flirting with a copyright infringement claim. You’re much more likely to bring on a lawsuit when you are taking money out of someone’s pocket, so if you’re earning money from your use, tread very carefully there.

Fair use does not give you the right to copy something, and then later claim, “Oh, I thought it was covered by the “fair use” doctrine.” You can still be found liable for copyright infringement if a court finds that your use didn’t fall under the “fair use” doctrine, so tread very lightly here. If you want to take advantage of this exception, be double-dog sure that your use is of the sort that would be considered “fair use.” If you have doubts, it’s best to speak with an attorney who specializes in copyright law, as a mistake about the nature of your use could result in thousands of dollars in legal fees and damages.

Remember, copyright infringement is a little like speeding: The party whose work you infringed doesn’t need to prove that you knew you were infringing their copyright when you copied their work, or that you intended to infringe their copyright. All they need to do is establish that you copied their work without permission. If they have a copyright registration, they don’t even need to prove damages; they can get statutory damages for your infringement. Just like the traffic cop doesn’t need to prove that you knew you were speeding, that you intended to exceed the speed limit, or that anyone was injured by your having exceeded the speed limit. He just notes that you were speeding, and hands you the ticket, and then you get to plead your case to a judge. Unless you want to end up pleading your case before a Federal judge as a defendant in a copyright infringement case, be very, very careful when using someone else’s work.

Find me online at https://trademarkdoctor.net. Leave questions in the comments on my Facebook page at https://facebook.com/trademarkdoctor and I’ll answer them in a future Live. “LIKE” my Facebook page to be notified every time I go LIVE.

I’m on Facebook! “Like” my facebook page, https://rebrand.ly/trademarkdoctoronFB to be notified every time I go LIVE. Trademark questions? Message me on the Trademark Doctor Facebook page, and I’ll answer your questions on a future Live video.

Contact Dallas, Texas copyright attorney Angela Langlotz today if you have questions about whether your are covered under the “fair use” exception.

Fair Use: Are You Using Another’s Work Without Permission? posted first on https://trademarkdoctor.wordpress.com