Balancing Test Copyright Law

Another particular example illustrating the application of the doctrine of fair use concerns the making of copies or phonograms of works in the special forms required for the use of the blind. These special forms, such as Braille copies and audio supports of oral readings (audiobooks), are generally not made by publishers for commercial distribution. For the most part, these copies and phonograms are made by the Library of Congress` Department for the Blind and Physically Handicapped, with the permission of copyright holders, and distributed to blind people through the regional libraries that cover the country. In addition, these copies and phonograms are made on-site by individual volunteers for use by blind people in their communities, and the Library of Congress conducts a training program for these volunteers. Although the making of multiple copies or phonograms of a work for general distribution requires the authorization of the copyright owner, an issue addressed in clause 710 of the bill, namely the production of a single copy or phonogram by an individual as a free service for the blind under section 107 would be considered fair use. Exceptions for library preservation, fair dealing or fair trade may meet this criterion and exist in many copyright laws around the world. General context of the problem. The judicial doctrine of fair use, one of the most important and established restrictions on the exclusive right of copyright holders, would be explicitly recognized by law for the first time in Article 107. The assertion that a defendant`s actions constitute fair use rather than infringement has been filed as a defence in countless copyright lawsuits over the years, and there is extensive jurisprudence that recognizes and applies the existence of the doctrine.

The examples given on page 24 of the 1961 Register Report, while by no means exhaustive, give an idea of the type of activities that the courts might consider fair use in the circumstances: the criteria for fair use are necessarily established. When applying fair use criteria to certain library photocopying practices, the intent of this bill is to strike an appropriate balance between the rights of authors and the needs of users. 5. Copy without specifying the copyright notice that appears on the printed copy. In addition to the term of copyright protection, there is a balance in the scope of rights granted to authors, as many of the exclusive rights of authors are subject to exceptions. The view of librarians, for example, is to have reasonable access to certain copyrighted materials, sometimes without permission or payment of fees. As regards exceptions for libraries and other consumers of copyrighted material, the Berne Convention allows each Member State to provide for exceptions in certain specific cases, provided that they meet both requirements of the following criterion. Exceptions: When determining whether fair dealing is appropriate for your purpose, you should carefully consider how your use of copyrighted material owned by others will affect an existing or potential market for the work, even if the work is used for non-commercial educational purposes.

The purpose of the use is a factor that must be taken into account in determining whether or not a use is fair use, but it is not the only consideration. Some educational uses of copyrighted works are fair uses, others are not. The Committee amended the first of the criteria to be considered – “the purpose and nature of the use” – to explicitly state that this factor involves consideration of “whether such use is of a commercial nature or serves non-profit educational purposes”. This amendment should not be construed as a non-profit restriction on the use of copyrighted works in educational institutions. This is an explicit recognition that, although the commercial or not-for-profit nature of an activity, as under this Act, is inconclusive in terms of appropriate use, it can and must be weighed against other factors in appropriate use decisions. The impact on the market can be more complicated than the other three factors. Basically, this factor means that while you could have realistically purchased or licensed the copyrighted work, this fact weighs against a fair dealing determination. To assess this factor, you may need to conduct a simple market study to determine whether the work is reasonably available for purchase or licensure.

A work may reasonably be available if you use a large portion of a book that is for sale at a typical market price. The “effect” is also closely related to the “goal”. If your goal is research or science, it can be difficult to prove the effect on the market. If your goal is commercial, it may be easier to prove the negative impacts on the market. Occasional quotes or photocopies may not harm the market, but reproductions of software works and entire videos may enter directly into potential markets for those works. Intention in relation to classroom reproduction. Although the works and uses to which the doctrine of fair use applies are as broad as copyright itself, most of the discussion on Article 107 has focused on issues of classroom reproduction, particularly photocopying. The arguments on this issue are summarized at pp. 30-31 of the Committee`s 1967 report (H.R. Rep. No. 83, 90th Cong., 1st Sess.) and have not changed significantly in the years that followed.

Welcome to the U.S. Copyright Office Fair Use Index. This Fair Use Index is a project led by the Registry Office in support of the 2013 Joint Strategic Plan of the Office of the Intellectual Property Enforcement Coordinator (IPEC). Fair dealing is an important and long-standing aspect of U.S. copyright law. The aim of the index is to make the principles and application of fair use more accessible and comprehensible to the public by providing a searchable database of court opinions, including by category and type of use (e.g. music, internet/digitisation, parody). Reproduction and use for other purposes. The focused attention paid to fair use in teaching activities should not overshadow its application in other areas. It should be emphasized once again that the same general standards of fair dealing apply to all types of uses of copyrighted material, although the relative weight to be given to them varies from case to case. Since the passage of the current Copyright Act, various organizations and scientists have established guidelines for educational purposes.