FAIR IS FAIR
THE MEANING BEHIND ‘FAIR USE’ COPYRIGHT LAWS
Copyright law in the U.S. is confusing. A brand has the right to protect its intellectual property, but the law also allows for “fair use” of copyrighted material under certain circumstances. So, what exactly is fair — and who decides? The fair use doctrine enables commentary, criticism, reporting, research, or teaching. Without it, the news could not run a short clip on a movie, and your child couldn’t quote a novel in their book report. Fair use states that copyrighted material should not be duplicated but can be used for illustrative or critical purposes. There are four factors courts consider when deciding whether a particular use is “fair.” They are the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of material used, and the effect on the copyrighted work’s value. These criteria are less complicated than they sound, but how the courts interpret them can be very complex.
example: Using Mickey Mouse on university clothing would be a copyright infringement, but showing a clip of Mickey Mouse in class to discuss the history of animation would be fair use. The nature of the copyrighted work generally refers to whether the material is already published. For instance, you cannot publish excerpts from private letters and declare fair use. Amount or substantiality reflects how much of the material a person uses. While there is no strict rule, courts will likely view a 30-second clip differently from a 30-minute one. Finally, the effect on the market asks whether the use will give people less need to purchase the original work. For example, fewer people will likely buy a book if half of it is published online; one paragraph won’t have the same effect. When deciding whether something is fair use, courts must consider all four factors, meaning applying the law can be tricky. As a broad rule, entertainment and advertising purposes do not fall under fair use, but criticizing, reporting on, or teaching about a work does. Still, many well- intended people have discovered that their so-called fair use wasn’t so fair after all. So, consult a copyright lawyer for guidance if you have any doubts about being on the right side of the law.
Purpose and character of use refer to whether the copyrighted work is used for commercial or educational purposes. Consider a university, for
MAKE 2023 A SUCCESS Sticking With Your New Year’s Resolutions
Countless Americans make New Year’s resolutions every year. But for many of us, the resolution we made in 2023 is the same one as in 2022. Resolutions make us feel good, and it’s tempting to believe a new year can change everything. But many of us give up not long after workers finish cleaning the confetti out of Times Square. We tend to fail at our New Year’s resolutions for many reasons. Most crucially, we’re often not sure what we want. When we resolve to “get in shape,” does that mean losing a certain amount of weight, building so much muscle mass, improving our endurance, increasing our strength, or something else entirely? Not specifying what we want to accomplish makes walking away from our resolutions easier. Commitment is the first step to creating resolutions that will last. To make a change, you must know what that change is. Be specific about your goal, and ask yourself if you’re willing to do what it takes to get there — you’re setting yourself up for failure and disappointment if you’re not. Once you’ve resolved to follow through, keeping your resolution requires creating a plan. Crucially, it must be realistic. Becoming a millionaire is out of the cards for most people in 2023, no matter how hard you try, but getting a better-paying job isn’t. Outline measurable steps you’ll need to take to meet your goal and create milestones to help you achieve it, such as applying to three jobs each week. It’s also critical to think of contingency plans in advance. We all slip up, and eventually, you will eat a donut, make an impulse purchase, or skip a day at the gym. At this point, many people decide they’ve failed and give up. But a setback does not have to be the end of your resolution. Think about all the things that could go wrong in advance and create a plan for responding to them. You’ll be more likely to dust yourself off and try again. Finally, remember that change is possible. Too often, we decide we can’t do something because it’s too complicated. But when we believe in ourselves and confidently say that we can achieve a goal, we tend to follow through. We’re more likely to succeed when we decide failure is not an option.
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