Wednesday, February 17, 2010

Blog #6

The purpose of “fair use” is to preserve a balance of free expression. The legality of this doctrine has been refined several times since it was first introduced in 1790. Currently, the Copyright Act of 1976 states in regards to education (teaching):

“...the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords..., for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.”

However, these four factors have caused some difficulty for educators. With that in mind, I will need to do further research as to what exactly are my rights.

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