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What is Fair Use

Chapter 1
Handbook of Research on Digital Content Management and Development in Modern Libraries
A doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement.
Published in Chapter:
Awareness and Perception of Copyright Among Library and Information Science Professionals in Tamil Nadu, India
S. Thanuskodi (Alagappa University, India)
Copyright: © 2020 |Pages: 20
DOI: 10.4018/978-1-7998-2201-1.ch001
Abstract
This chapter describes the background, methodology, and results of a preliminary study undertaken in 2018 to determine university faculty awareness and perceptions of copyright as it affects teaching and learning. Copyright remains the cardinal bridge between creation and access to knowledge and knowledge-based materials. However, the issue of copyright awareness has now become a global concern. Since tertiary education revolves around the use of other people's copyrighted works, this study seeks to investigate the level of copyright awareness among Library and Information Science Professionals in Tamil Nadu, India. The study revealed that copyright awareness among LIS professionals is not up to the level expected due to the fact that the academic institution does not have copyright awareness policy to effectively regulate, monitor, and protect its intellectual property, academic and institutional values, as well as to defend its teaching, research, and service mission. This study shows that most of the respondents belonging to ‘below 25 years' (50%) and ‘26 to 35 years' (41.5%) age groups use copyrighted information by ‘seeking permission from copyright holder(s)', followed by ‘crediting original author/authority' (respectively 37.5% and 24.4%).
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Chapter 4
Information Technology and Fair Use
The legal conditions under which one can use copyrighted material without obtaining permission and paying royalties
Published in Chapter: Information Technology and Fair Use; From: Encyclopedia of E-Leadership, Counseling and Training
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Chapter 9
Managing Intellectual Property in Digital Libraries and Copyright Challenges
The law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder.
Published in Chapter: Managing Intellectual Property in Digital Libraries and Copyright Challenges; From: Handbook of Research on Managing Intellectual Property in Digital Libraries
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Chapter 15
The Ethical Use of Online Content in Teaching and Learning
The ability to use copyrighted work without permission, but only in certain ways and in specific situations (schoolwork and education, new reporting, criticizing or commenting on something, and comedy/parody).
Published in Chapter: The Ethical Use of Online Content in Teaching and Learning; From: Ethical Problem-Solving and Decision-Making for Positive and Conclusive Outcomes
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Chapter 454
Massive Digital Libraries (MDLs)
Defined by some as the breathing room to allow for the freedom of expression, it is a strong limitation of the extent of copyright law. It is determined by examining four factors: 1) the purpose and character of the use; 2) the nature of the copyrighted work; 3) the amount and substantiality of the portion taken; and 4) the effect of the use upon the potential market.
Published in Chapter: Massive Digital Libraries (MDLs); From: Encyclopedia of Information Science and Technology, Fourth Edition
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Chapter 216
Educational Technology and Intellectual Property
The legal conditions under which one can use copyrighted material without obtaining permission and paying royalties.
Published in Chapter: Educational Technology and Intellectual Property; From: Encyclopedia of Information Science and Technology, Fourth Edition
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Chapter 12
Intellectual Property Challenges in Digital Library Environments
A provision under copyright law that permits limited use of copyrighted works without seeking the permission of the right holder.
Published in Chapter: Intellectual Property Challenges in Digital Library Environments; From: Handbook of Research on Managing Intellectual Property in Digital Libraries
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Chapter 22
Fair Use, Copyright, and Academic Integrity in an Online Academic Environment
The ability to use an item that is under copyright for educational purposes when various conditions are met including: limiting access to the item and that use will not limit the owner’s ability to sell the work.
Published in Chapter: Fair Use, Copyright, and Academic Integrity in an Online Academic Environment; From: Encyclopedia of E-Leadership, Counseling and Training
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Chapter 3
Rethinking DRM Using Exception Management
Doctrine allowing limited use of copyrighted material without requiring permission from the rights holders, such as academic use, review, etc.
Published in Chapter: Rethinking DRM Using Exception Management; From: Handbook of Research on Secure Multimedia Distribution
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Chapter 123
Massive Digital Libraries (MDLs) and the Impact of Mass-Digitized Book Collections
Defined by some as the breathing room to allow for the freedom of expression, it is a strong limitation of the extent of copyright law. It is determined by examining four factors: 1) the purpose and character of the use; 2) the nature of the copyrighted work; 3) the amount and substantiality of the portion taken; and 4) the effect of the use upon the potential market.
Published in Chapter: Massive Digital Libraries (MDLs) and the Impact of Mass-Digitized Book Collections; From: Encyclopedia of Information Science and Technology, Fifth Edition
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Chapter 56
Fair Use and the Digital Age
The manipulation of copyrighted works, including such use by reproduction in copies or recordings, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research (Wikipedia, 2006 AU12: The in-text citation "Wikipedia, 2006" is not in the reference list. Please correct the citation, add the reference to the list, or delete the citation. ).
Published in Chapter: Fair Use and the Digital Age; From: Encyclopedia of Information Technology Curriculum Integration
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Chapter 69
Copyright with an International Perspective for Academics
The exception to the rights of the copyright owner set out under Section 107 of the United States Copyright Act 1976. This allows for a limited amount of personal copying in the context of activities such as criticism, teaching, scholarship, and research. The freedom to copy under this Section is widely misunderstood and it is important to note that the courts have quite tightly restricted the use of this exclusion. Generally this exception will only hold if the use is non-commercial, relates to a factual work, of a small amount and not done in a way that impacts on the commercial market for the original. “Fair use” only applies in the United States and while some exceptions for similar uses exist in other jurisdictions the details differ significantly. Despite this, the term is commonly used internationally to describe uses of copyright material that are considered defendable exceptions to the normal regime of protection.
Published in Chapter: Copyright with an International Perspective for Academics; From: Encyclopedia of Distance Learning, Second Edition
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Chapter 244
Preparing Teachers to Teach Online
A term defined in the United States copyright act. It states the exemption for schools to some copyright regulations. (This exemption pre-dates many current educational applications of technology and may be not address some online learning situations.)
Published in Chapter: Preparing Teachers to Teach Online; From: Encyclopedia of Distance Learning, Second Edition
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Chapter 112
Plagiarism and the Classroom: The Faculty Role in Awareness and Education
Allows limited use of copyrighted works without the permission of the owner for certain teaching and research purposes. Criteria, including consideration of purpose, amount used, and intent of use, must be met in order to meet fair use.
Published in Chapter: Plagiarism and the Classroom: The Faculty Role in Awareness and Education; From: Encyclopedia of Information Technology Curriculum Integration
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