Nature of the use, character, how will it be used, what effect will this have on the market and success of the work if “its use is widespread” (University of Texas) are all factors in fair use.
Work used in criticism, commentary, journalism reviews, jokes, non-profit or educational purposes (but be careful here - you still can’t copy an entire book, only sections that may be necessary for hand-outs and the like) are all subject to fair use. If you want to use a work commercially but it happens to coincide with journalistic use or criticism, you’re still cooked.
No matter how “fair” you may feel it is, if you’re using the work for any commercial gain – even if it is non-financial commercial gain (though check on this, because “gain” can be defined in many ways and more, fair use is not just about financial gain) - it’s about copyright and what is fair to the author. If the work is in whole or in large part available elsewhere, then profits are taken away from the author as anyone can find the material elsewhere and even for free in some situations.
I can say with certainty, as an author myself, that if someone took a good half of my book or even sections of my published poetry greater than the defined several lines or percent, I would not be happy and most authors I know feel the same way. Maybe not all, but I can’t think of anyone I know, well-known or otherwise, who is willing to give over their work so that another may benefit from their hard years of toil on a particular piece and even take credit for it. And more, even if they do not take credit for it and give credit where credit is due, it's still not fair use because the work is still commercial in nature. One reason is that the use of the work may impinge on my reputation and be used in a manner that I may not condone and it is my right as an author to keep my work under my own protection for as long as is possible. Even publishers know this and revert the copyright to the author after seven years or so. If you want to buy the copyright from the author for a particular reason after that period of the time, one need only approach the author, who may be easier to deal with than the publishing house, depending on the author, and depending on whether the rights have actually reverted to the author. This can vary from house to house.
Article comments
1 - Mary K. Williams
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
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
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
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
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
Miss Sadi, this is an exceptionally good and useful piece of writing. Thank you.
7 - sadi ranson-polizzotti
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
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
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