Title 17, U.S. Code & Fair Use
Researchers may quote from the collection under the fair use provisions of the copyright law (Title 17, U.S. Code).
Title 17 of the United States Code deals with copyright law. Some key points about Title 17 include:
It contains the federal statutory law governing copyright in the United States.
It codifies and defines the rights of copyright holders, including exclusive rights to reproduce, distribute, perform, and display copyrighted works.
It specifies the duration of copyright protection (generally life of the author plus 70 years for works created after 1978).
It outlines exceptions and limitations to copyright, such as fair use.
It establishes the registration and recordation system for copyrights administered by the U.S. Copyright Office.
It provides remedies and penalties for copyright infringement.
It implements various international copyright treaties that the U.S. has joined.
Major revisions to Title 17 have occurred over the years, including the Copyright Act of 1976 and the Digital Millennium Copyright Act in 1998.
So in essence, Title 17 is the core federal law that governs copyright protection, rights, and enforcement in the United States. It aims to balance the rights of creators with the public interest in accessing and building upon creative works.
Fair use is an important doctrine in US copyright law that allows limited use of copyrighted material without permission from the copyright holder. Some key aspects of fair use include:
Purpose
Fair use is typically applied for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
Four factors
Courts consider four main factors when determining if a use is fair:
The purpose and character of the use (including whether it's commercial or nonprofit educational)
The nature of the copyrighted work
The amount and substantiality of the portion used
The effect of the use on the potential market for or value of the copyrighted work
Transformative use
Uses that transform the original work by adding new expression, meaning, or message are more likely to be considered fair use.
No permission required
Fair use is an exception to copyright law, so users don't need to seek permission from copyright holders if their use qualifies.
Case-by-case basis
There's no fixed formula for determining fair use. Each case is evaluated individually based on its specific circumstances.
Examples
Common examples of fair use include quoting excerpts in a review, using clips in documentary films, or parodying a work.
Defense against infringement
Fair use can be used as a defense if someone is accused of copyright infringement.
Balancing act
Fair use aims to balance the rights of copyright holders with the public interest in free expression and the advancement of knowledge.
It's important to note that fair use can be complex and sometimes contentious, often requiring careful consideration or even legal interpretation to determine if a particular use qualifies.