Tag Archives: IP/fair use

Intellectual Property and Fair Use, whats the misunderstanding?

cmap redo

Within this concept map, there are two topics discussed. These two are “Intellectual Property and Fair Use.” Intellectual property is a work or invention that is a result of creativity such as a manuscript or a design to which one has the rights for and which one can apply for a patent, copyright, or trademark(Leary & Parker Vol. 55.) Fair use, is defined as any copying of copyrighted material done for a limited and transformative structure. This can be done without permission from the owner. These two go hand in hand because there seems to be a misunderstanding about how to go about using ”fair use,” and apparently it’s pretty hard to actually abide by these ”fair use” rules. Many people such as filmmakers never get their films made because of ”fair use.” They’re are major issues dealing with copyright, but in order to not worry about running in to these issues (infringement) there are actions you can take to avoid this (get permission, used licensed works.

I found a website that was for students and teachers to get an understanding of fair use and intellectual property. It’s actually a way you can question yourself:

• Fair Use, the Fair Use Test. Fair use is a principle in Copyright Law that provides us with
a limited ability to use copyrighted material without getting permission for limited purposes:
personal use, non-profit uses, education, criticism or commentary, news reporting and
parody. There are no hard rules to determine if an intended use is a Fair Use, but there are
‘test criteria’ to help in making the decision:
1. What is the purpose and character of the intended use?
2. What is the nature of the copyrighted work?
3. How much of the work will be used? And how important is that part?
4. How would widespread use of this work impact its market value?

This is where i found the ”quiz”

The Internet, Innovation, and Intellectual Property Policy

The Internet, Innovation, and Intellectual Property Policy dives back into the start of the internet and how it has advanced, as seen in my other post by the internet has came a long way and emerged. This article shows that because of this emergence of the internet, it is transforming information industries, and challenging intellectual property law to develop a competition policy strategy to regulate networked products. Within this article a proposal is made, this proposal is competitive platform model(Weiser Vol. 103.)  This proposal consists of governing intellectual property and internet policy. As I stated previously, the article shows how the internet has emerged, therefore this platform is designed to ”guide intellectual property in the internet age(Weiser Vol. 103.)”  The articles states that this is due to the ”continuing evolution of hardware and software infrastructure that supports internet content gives rise to radically different visions for how intellectual property should regulate the internet software infrastructure(Weiser Vol. 103.).


Fair Use, Film, and the Advantages of Internet Distribution

Fair Use, Film, and the Advantages of Internet Distribution discusses websites such as YouTube and Yahoo, who ”breathes air into fair use for filmmakers(Lohmann Vol. 42.)” Within this article they go on to show the controversy dealing with these two sites, the problem is that people who upload videos to these sites can get a global audience in no time, and not even have to satisfy the rights clearance that have been put in place by gatekeepers. These websites go by different rules and regulations. Instead of demanding rights, clearances, errors, and omissions, online video hosting providers rely on a notice and takedown policy to protect them from copyright risks(Lohmann Vol. 42.. This article was pretty cool to read because people upload videos that I know all the time, and never once thought about any of this.

Link found here

Fair Use in Face-to-Face Teaching

Fair Use in Face-to-Face Teaching aims to address and inform about the dilemma of copyright within classrooms. As we know today, getting access and using someone else’s work is so easy to find, and use, as stated in the article ”it is not always clear what can be performed, listened to, and distributed without permission from the copyright owner(Leary & Parker Vol 55.”) Copyright owners hold the right to duplicate, distribute, exhibit, and alter their materials. Instructors on the other hand have to get permission, which is a license agreement which may consist of financial compensation(Leary & Parker Vol. 55.) They may also use open licensed works which are resources that are openly available on the internet(Leary & Parker Vol. 55.). Lastly they have the choice of operating under fair use doctrine, which consiss of three main areas (journalistic, parody, and educational(Leary & Parker Vol. 55.) In order to see where the line is drawn with the dilemma of copyright within face-to-face taught classroom.

Click here for link