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. Purpose and character of use refer to whether the copyrighted work is used for commercial or educational purposes. Consider a university, for 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. SUDOKU
Slow Cooker Cheesy Garlic Brussels Sprouts Inspired by TheKitchn.com
Brussels sprouts are a tasty seasonal veggie to incorporate into your diet this January. With a creamy cheese sauce, this recipe takes comfort to a new level.
Ingredients
• 1 tbsp unsalted butter
• 1/4 tsp freshly ground black pepper • 3/4 cup grated Parmesan cheese
• 2 1/2 lbs Brussels sprouts, trimmed and halved
• 4 cloves garlic, thinly sliced
• 2 tbsp heavy cream
• 4 oz cream cheese, cubed
• 1/8 tsp freshly grated nutmeg
• 1/2 tsp kosher salt
Directions
1. Coat the inside of a 3–5-quart slow cooker with butter. Add Brussels sprouts, garlic, cream cheese, salt, and pepper. Toss to combine.
2. Cover and cook on LOW until the Brussels sprouts are tender, 2–3 hours.
3. Turn the slow cooker off or to the “warm” setting. Stir in the Parmesan cheese, cream, and nutmeg until the cheeses melt and the Brussels sprouts are coated in a creamy sauce. Season with more pepper to taste.
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