Fair Use - Is It Fair? - Page 2

Motion media: You can use 10% of the work or 3 minutes, which ever is less. This may be copied as part of a multimedia project or another work

Text: 10% or 1000 words, whichever is less. This can be used in various multimedia projects. I believe this particular law also refers to fair use for journalistic purposes and experts for other projects, such as books etc., that may need to reference another project or book, though note that attribution is generally required no matter how little or how much of the work you are using. More, to save yourself any future hassle, you may wish to get permission, if they’ll grant it, from the copyright holder, and whenever possible through the publisher. There may be a fee involved (not in fair use) but in taking more than fair use, say three poems instead of merely quoting part of a poem etc. Permissions often go through sub-rights agents. For more on this, look up publishing contracts or perhaps that will be another topic I’ll write about with a standard publishing contract to illustrate how this works in the publishing world as a general template.

Music, lyrics, and music video: Up to 10%, but no more than 30 seconds from an individual piece of music, lyrics or music video may be used (you may be able to use more lyrics if you are writing an article and wish to quote a whole song). Whether the music is part of another media project is irrelevant and the same terms apply. Any alterations of the work may not change the basic melody of the work under the Music fair use act or any of the above.

Photography and illustrations: Photographs are more complicated as are images and illustrations; according to the Conference on Fair Use, the following guidelines are best to stick by:

The reproduction or incorporation of photographs and illustrations is more difficult to define with regard to fair use because fair use usually precludes the use of an entire work. Under these guidelines a photograph or illustration may be used in its entirety but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2. When using photographs and illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2.
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Article Author: Sadi Ranson-Polizzotti

Sadi Ranson-Polizzotti is a published writer in both the United States and Europe. She is widely known for her music commentary, particularly her writings about Bob Dylan about whom she runs a highly-trafficked site. …

Visit Sadi Ranson-Polizzotti's author pageSadi Ranson-Polizzotti's Blog

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Article comments

  • 1 - Mary K. Williams

    Dec 09, 2005 at 7:03 pm

    Sadi-
    Thanks for laying this out. I'm working with some others on an anthology of some of our work, and this question just came up this week.

    I worked in a tech library for five years - you'd think I'd know something about this - as the general subject of copyright came up all the time. But I'm still pretty ignorant of it all.

    This will be another good reference to store away.

  • 2 - sadi ranson-polizzotti

    Dec 09, 2005 at 8:21 pm

    hi Mary:

    i'm really glad this will help and be a reference of sorts... that's super. use it as you see fit; it's a good simple guide. i have another on copyright if you're interested, but the fair use piece is better i think and more pertinent to the moment.

    best of luck with your anthology,

    sadi

  • 3 - Nukapai

    Dec 09, 2005 at 8:29 pm

    You might want to edit this while you still can; spotted a few little mishaps in there (for example: dinner's should be dinners). :)

    Otherwise, GREAT resource, thank you for the work in pulling this together! I will probably return to check it in the future!

  • 4 - uao

    Dec 09, 2005 at 8:39 pm

    Nice article; I learned a lot from it. Nice reseach, too.

    Fair use has always been a fuzzy concept to me; nice to see some rough guidelines compiled, even if the law remains fairly fuzzy.

    One of the most useful articles I've seen in a while.

  • 5 - sadi ranson-polizzotti

    Dec 09, 2005 at 9:02 pm

    hey all:

    i'm grateful for the pointing out the typos, though going through the whole thing again seems daunting but i'll do it because it should be perfect, so when i have some time tomorrow.

    i'm glad this is such a great resource as several of you have said.... i hope it helps. these are not my opinions, but the guidelines layed out by the government etc and i think before you can say anything meaningful, you need to know the law as it is...

    so i hope this helps, and it sounds like it is.

    i'm really glad of that.

    rock on.

    sade.

  • 6 - Al Barger

    Dec 09, 2005 at 9:37 pm

    Miss Sadi, this is an exceptionally good and useful piece of writing. Thank you.

  • 7 - sadi ranson-polizzotti

    Dec 09, 2005 at 11:21 pm

    why Mr. Barger ~ long time no talk; do you have my new email address? if not, ask EO for it...would love to hear from you. Glad you like this...

    cheers to you,

    s.

  • 8 - Eric Berlin

    Dec 14, 2005 at 8:51 pm

    This story has been chose as a Blogcritics Editor's Pick for the week, congrats!

    You've honored yourself up the right to select your favorite story over the next week for the new column, which will be published on Wednesdays or thereabouts. In any event, please feel free to nominate your fave piece under this week's column. The time frame will always run between Wednesday (today in this week's case) and next Tuesday night.

    Thanks and congrats again ~ EB

  • 9 - sadi ranson-polizzotti

    Dec 15, 2005 at 10:55 am

    EB ~ wow, and thanks. What an honor. So, choose a piece between this last Wednesday and next Tuesday evening in the Opinion piece column. That shouldn't be too difficult. I'll shoot you and EO an email once i've decided. Thanks again and i'm glad - really glad - that you all like this piece.

    Cheers and i'll do my best on choosing a great piece for Best of....

    Cheers and as ever, best.

    Sade

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