Fair use is a positive defense against charges of infringement. It is not an assertive right under title 17. The only time you can invoke fair use is if you are charged with copyright infringement. Therefore fair use can only be used in times of defense. There are four factors in determining if fair use can be used in defense. The first is the nature of the work. This means that if it is used for commercial value and profit, it is harder to use fair use whereas if it is used for a non-profit organization, fair use would be acceptable. The next factor is the purpose of reproduction. This falls under the same lines. If it is being reproduced for commercial reasons and for personal profit, fair use cannot be used. The next factor is the amount reproduced. If only one or two quotes are pulled from the original work, fair use can be used in defense. However, if a full CD is burned into iTunes, then fair use cannot defend this case; it is too valuable. The last factor is the effect of the reproduction on the rights holder’s profit. This protects the rights of the original creator and allows him to keep making profit from his work.
I feel fair use helps those who are unsure or innocent when using another person’s work by accident. I understand that some people might accidently take a copyright quote or picture and not know. Fair use helps aid these people to not get convicted of copyright infringement.
Wednesday, September 23, 2009
Tuesday, September 15, 2009
Wednesday, September 9, 2009
Joe Hatch's Visit
Joe Hatch's visit was very helpful to me. The way he described the hardrive as a disc with scattered information and how defragmentation fills in those gaps really helped me visualize the problem. I have yet to try defragmenting my computer but i will soon. He taught me how to reach the defragmentation process as well. (start—accessories—system tools—defragment). I will also try downloading the CCleaner because it sounds like a safe way to protect my computer and help it run faster.
Subscribe to:
Posts (Atom)
