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Fair Use Copyright Law Don’t Overstep the Fair Use Copyright Law Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author’s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone’s copyright if you use their work – especially if you are using another person’s work for economic or commercial gain. When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author’s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone’s copyright. Fourth, how much of the original author’s work are you using? If you are using a substantial amount of another’s work, you are probably in direct violation of their copyright. Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! Lastly, what portion of another’s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner’s copyright. With a little common sense it is not hard to decide if you are violating someone’s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another’s works as their own.

Copyright Infringement Play It Safe: Making Sure You're Not Committing Copyright Infringement Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else’s work, it’s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others’ works – as long as we use it under ‘fair use’ laws. So what does fair use have to do with copyright infringement, and how can you utilize it? Fair use laws are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library. Copyright Infringement in day-to-day life Sometimes, if you’re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone’s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask – the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement. What is the public domain, and how does it relate to copyright infringement? Material that is not copyrighted is considered in the public domain – you cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyright-able – such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain. So, how do I ensure I’m not committing copyright infringement? First of all, if you’re going to use someone else’s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else’s copyright. However, if you can’t find something suitable (and you can’t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder. When you contact the copyright holder, make sure you tell them what you want to use their piece for – whether it’s for your blog, podcast, or report – and ask them if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you’ll be free and clear to use their work as you want. Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries - if you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit – which can be nasty, costly, and time consuming. If you’re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you’re following the law – and protect yourself!

Freebie Etiquette (Yes, There is Such a Thing!) When you are on the hunt for free stuff, it can be easy to be so blinded by the offers that your manners go flying out the window completely. You may also just not realize that when it comes to taking advantage of freebies there is a general code of conduct that it pays to follow. While you are racking up the free stuff, keep these common courtesy rules in mind so that you are doing your part to keep the hunt for freebies fun and enjoyable. Freebie etiquette rule number one is to remember that there is a face behind every freebie, no matter how distant it may seem. Since so many freebies come from websites and you don’t actually have interaction with a human being while you are getting them, it can be very easy to forget that someone (or very likely, a lot of someones) worked hard to bring you that website and that free deal. If you have a problem with a website or a form while trying to get some free stuff, deal with it as respectfully as you would if you had to approach a customer service rep in person. Leaving foul-mouthed posts on a message board or unloading a barrage of outrage on a customer reply form isn’t the way forward. Someone – a real person – will have to help you, and you’ll get a lot further by treating them with respect. Respect is also the name of the game when it comes to rules attached for freebie offers. There are often restrictions in place for taking advantage of free offers, such as the age you have to be to cash in on the offer or how many offers per household can be taken. Sure, there are plenty of ways to get around these rules and “trick” a company into giving you an offer for which you are not really eligible. However, when you try to simply bleed out as many free offers as you can, you’re only making it hard on companies to be able to keep bringing these offers to you. If this freebie isn’t for you, take a back seat and make room for the folks who can take advantage of it. Your time will come. Related to this last rule is the idea of not being too greedy when gobbling up the free stuff. Just because something is free doesn’t mean you should use a “smash and grab” approach and go for as much as you can get of anything you can get. Remember that there are a lot of other people out there who like to get in on the freebies, too, and think about how you would feel if you lost out on something you really wanted because someone came along and took them all. Don’t take more than your share of any free offer, and don’t take things you don’t want or need just because they’re free. Everyone loses when you do that. Last but not least, if you have an opportunity to say thanks for a freebie, grab it. Of course, this can be hard to do when the free offers you are taking advantage of are found on the Internet, but there are still ways. Look for the customer comment field in the request forms you fill out to get your free stuff and leave a quick thank you there. You can also write a thank you on message boards and chat rooms that are associated with the freebie websites. The good will generated by your gratitude will only help convince companies that freebie offers are useful tools for reeling in the customers.