When can be a use called a Fair Use?
We can find 5 (five) basic rules to keep in mind while deciding if the employment of a creator’s work is a fair use:
Rule number 1: Is your creation new or is your creation a copy?
The object and attributes of your desired use of the equipment involved is the most important factor in deciding if a use is a fair use or not. The problem to inquire in this point is whether you are copying a complete work or you are using it to develop a hole new and fresh creation. This fresh creation is called transformative and your work has more chances to be a fair use if it is as transformative as it can be.
Rule number 2: Have you settled a competition between you and the author you are copying from?
Without consent, you cannot use someone else’s preserved allegation in a pathway that damages (or even potentially damages) the market for his or her work. Therefore, if you attend to use a creator's preserved expression in one of your works that is similar to the original one and directed for the same market, your intended use is not a fair use.
For instance, let’s say Andrew, a professional tennis player, launches a written publication on how to play tennis. Not being able to describe some points himself, Andrew takes some magnificence paragraphs from Tomas Newton’s publication, another player. Because Andrew aims his publication to compete with Newton’s and hopefully usurp the place of his, the use is not a fair one. In consequence, Andrew is intending to use Newton’s preserved expression to consume into the sales of Newton’s book.
Here is an interesting example in which an instructor copies portions of books for students to use. In a contemporary case, a lot of 7 (seven) big publishers headed to court and stopped a duplicating commerce from copying portions of books without authorization, compiling them and selling them to students as course packets.
Rule number 3: Is not enough to give the author acknowledgement.
There are some people who mistakenly think that they can use any material if they give the author the credit that he deserves. But that is not true. Giving credit and fair use two different and separated concepts. You either have the privilege to use someone else’s material under the fair use rules or you don't. Giving the author the proper acknowledgment does not change that fact.
Rule number 4: The more content you take, the less fair your work is expected to be.
Your work wont see a fair use by catching a lot of content. A general rule is never to quote more than a few successive paragraphs, or never to catch more than one graph or diagram. It is improper to use another author's illustration or work of art. Do not quote more than 1 (one) or 2 (two) lines from a poem. There are a lot of publishers who require their creators to get permission to quote more than a specific amount of words.
A lot of people believe that there is an absolute word limit on fair use. For instance, it is not appropriate to take less than 200 units from a 300 units work, but it would be to take 200 from a much larger book. It wouldn’t be fair use to copy 12 units from a 14-word poem. However, copying 2000 units from a work of 500,000 units might be fair. Everything depends on the circumstances and context.
To protect the free flow of data, creators have an extended margin of freedom in the utilization of factual material than in novels, poems or plays. This is true mostly where it is needed to employ several quotations to make certain the accuracy of the data.
Rule number 5: The quantity of material is as important as the quality of it.
If the material is much paramount to the pioneer work, it is unlikely for your use of to be considered as a fair use.
There is a popular case where The Nation publication held a copy of Gerald Ford's mementos before their publication. The article that was published contained only 300 words exactly quoted from the 200,000-word manuscript. But because of the quality of the material quoted, the Supreme Court stated that this was not a fair use. They judged that the pre-publication content was the heart of the book and that its disclosure would decrease the value or sales of the book.
It is not difficult to get a fair use. It's just a matter of common sense. Here is the gold rule of fair use: You can take from somebody else only what you wouldn't mind somebody taking from you.
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