May I Have Your Permission, Please?

My earlier post, “Fair Use Guidelines & the Copyright Law,” referenced the 10% rule as a guideline for students.  But authors don’t get to use the 10% rule. Confused? I’m not surprised. The fair use doctrine is a highly technical legal document and can be confusing.

According to Title 17 of the U.S. Copyright Law, “the fair use of a copyrighted work…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”
Reference Source: Cornell U Law School,
http://www4.law.cornell.edu/uscode/17/107.html

In other words, a short quote, properly footnoted, is probably going to meet Title 17’s guidelines for fair use. But not always. Authors must consider the following four factors:
1. What is the purpose and character of the usage? (Possibilities include profit and non-profit. Although professors may not always agree, college textbooks fall in the ‘for profit’ category.)
2. What is the nature of the copyrighted work?
3. How much of the copyrighted work is used in relation to the entire work?
4. What effect will the usage have on the copyrighted work’s market potential?

For a more in-depth explanation of these four criteria, I highly recommend Kirsch’s Handbook of Publishing Law by Jonathan Kirsch. Additional information can also be found at http://www4.law.cornell.edu/uscode/17/usc_sup_01_17.html

The best rule of thumb for authors? Do not assume fair use of copyrighted material. Legal battles are fought over fair use issues regularly. You don’t want to be one of the authors taken to court. Ask for permission.

© 2009 Anne Wallingford. All Rights Reserved.

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