What is Fair Use?

Copyright 2006 Sharon Housley

As the Internet matures, users and governments are struggling to manage controversial issues. Lets face it, the Internet did not exist when the US copyright laws were written;let us not forget, while many countries respect copyright laws, the Internet is global without a governing body. There are not only different laws, rules and regulations, but also jurisdiction issues. RSS didn’t exist when copyright laws were written either. While ardent supporters feel any content in a feed can be syndicated, other equally fervernet publishers contend that original works are just that–original works, and in many countries protected by copyright laws.

Much of the Internet is uncharted terroritory. There is no single agencies that has complete control over content or censorship, and it is unlikely that there will ever be a recognized body that regulates and agrees to terms and conditions to govern the online world. At this point, the location of webhosts and companies owning domains dictate what laws that are observed. In other words, if a company in the US or UK is violating a copyright and their host is in the US or UK, it will be easy to enforce copyright laws in the event of a violation and have the website content pulled. If the website is located on a server in a region that does not recognize or acknowledge the rights of a copyright holder, the web host will be less likely to cooperate in removing the offending content.

Regardless of whether you manage an RSS feed or syndicate existing feeds, it is a good idea to become familiar with what constitutes fair use under copyright laws. Fair use allows portions of copy written material to be reproduced or republished without the consent or permission from the copyright holder.

Determining protection can be complex. Fair use is often disputed, and it is difficult for legal scholars to understand, and even more difficult for publishers to decipher. When determining fair use there are a few questions that help determine whether a copyright violation has occurred. The questions you should ask are:

Is the work protected? How much material is copied? What is the nature of the work that was copied? Is the individual reproducing the work profiting? How was the original works affected by being copied?

When attempting to determine copyright protection, it is important to remember that the US copyright law does not require a notice to appear in order for creative works to be protected. The fact that the work is unique and is “created” is enough to ensure protection.

Not surprisingly, creative works that contain a higher level of complexity have a higher degree of protection. The fair use doctrine is part of US copyright law and it allows for publishers to incorporate some copyrighted material into works without the expressed permission of the copyright holder.

Keep in mind that fair use is based on the belief that the general public and media are entitled to freely use portions of copyrighted materials. The fair use extends to commentary on the creative works, criticism of creative works, or even the creation of a parody that relates to the copyrighted material. Understanding the intent of the copyright laws help publishers interpret them.