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Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”
A parody is a work that ridicules another, usually well-known work, by imitating it in a comic way. Judges understand that, by its nature, parody demands some taking from the original work being parodied. Unlike other forms of fair use, a fairly extensive use of the original work is permitted in a parody in order to “conjure up” the original.
If you are commenting upon or critiquing a copyrighted work -- for instance, writing a book review -- fair use principles allow you to reproduce some of the work to achieve your purposes. Some examples of commentary and criticism include:
•quoting a few lines from a Bob Dylan song in a music review
•summarizing and quoting from a medical article on prostate cancer in a news report
•copying a few paragraphs from a news article for use by a teacher or student in a lesson, or
•copying a portion of a Sports Illustrated magazine article for use in a related court case.
The underlying rationale of this rule is that the public reaps benefits from your review, which is enhanced by including some of the copyrighted material. Additional examples of commentary or criticism are provided in the examples of fair use cases.
A movement is growing to put pressure on Pinterest to change its terms of service, as some users have even gone so far as to delete their pinboards on the new social sharing site.
A campaign, started by The Window Seat blog, encourages Pinterest users to re-pin a graphic that appeals to the site's creators to change its terms of service. The graphic states: “Dear Pinterest, please change your terms or I'm leaving.” According to the blog, since its initial posting last week, the pin has already been shared by over 45 000 people.
The clause in the site's terms of service that is causing the fuss concerns the indemnity of Pinterest and its creators. The clause states that Pinterest users are solely responsible for all content they post to the site, and any potentially negative implications
The threat comes from an often overlooked clause which has potentially severe implications considering the copyright issues facing Pinterest users:
You agree to defend, indemnify, and hold Cold Brew Labs, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Application, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.