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How to Copyright and Fair Use - Posting on the Forum

Discussion in 'Forum Announcements & User Feedback' started by Rye83, Mar 11, 2016.

  1. Rye83

    Rye83 with pastrami Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    I see a lot of posts made where the thread shares the title of an article but the thread only contains a one liners and a link to the article. This could be due to uncertainty of copyright and fair use laws and/or confusion put out there by administrators/moderators from other forums (I know other forums have their own ideas on how articles should be posted and these ideas can vary greatly.....and with my understanding of fair use many forums are breaking the law with how they require member to post articles).

    I'm not really concerned with other forums though. Since DI is owned and operated by a US company this forum goes by what US laws say on the subject.....but I will throw Philippine law in there as well since the Philippines basically did one big copypasta job from the US law.

    Note: I am not saying people must post articles in a certain way or should stop posting one liners with just an article link.....I'm just saying it looks better and might appeal to more people if you posted in a method that is consistent with fair use laws. I will say that articles in their entirety should not be posted on the forum.

    Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use. Section 107 calls for consideration of the following four factors in evaluating a question of fair use:
    • (1) Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
    • (2) Nature of the copyrighted work: This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
    • (3) Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part—or the “heart”—of the work.
    • (4) Effect of the use upon the potential market for or value of the copyrighted work: Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.
    In addition to the above, other factors may also be considered by a court in weighing a fair use question, depending upon the circumstances. Courts evaluate fair use claims on a case-by-case basis, and the outcome of any given case depends on a fact-specific inquiry. This means that there is no formula to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission.
    Posting snippets from an article and criticizing/commenting on the content and providing a link to the original article falls well within fair use. Posting in this fashion also allows forum readers to get an idea what the article is about and to determine if they would like to read more by following the link.

    R.A 8293:
    Section 185.Fair Use of a Copyrighted Work. - 185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. Decompilation, which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with other programs may also constitute fair use. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include:
    As you can see the Philippines' law is basically just copypasta of US law. Nothing to comment on here.

    About U.S. Government Works

    A United States government work is prepared by an officer or employee of the United States government as part of that person's official duties.

    It is not subject to copyright in the United States and there are no copyright restrictions on reproduction, derivative works, distribution, performance, or display of the work. Anyone may, without restriction under U.S. copyright laws:

    • reproduce the work in print or digital form;
    • create derivative works;
    • perform the work publicly;
    • display the work;
    • distribute copies or digitally transfer the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
    Exceptions
    • Other people may have rights in the work itself or in how the work is used, such as publicity or privacy rights. Privacy and publicity rights protect the interests of the person or people who may be the subject of the work. To learn more about the difference between copyright and privacy and publicity rights, see the Library of Congress website.
    • You cannot use U.S. government trademarks or the logos of U.S. government agencies without permission. For example, you cannot use an agency logo or trademark on your social media page.
    • You cannot use a U.S. government work in a way that implies endorsement by a U.S. government agency, official, or employee. For example, you cannot use a photo of a government official wearing your product in an advertisement.
    • Works prepared for the U.S. government by independent contractors may be protected by copyright, which may be owned by the independent contractor or by the U.S. government.
    • Not all information that appears on U.S. government websites is considered to be a U.S. government work. For example, it is possible that some or all of the text, trademarks, logos, or images on a U.S. government website may be protected intellectual property not owned by the U.S. government, but used by permission of the rights holder. To ensure that you don’t mistakenly use protected intellectual property from one of our websites, check with the agency or program that manages the website.
    • The U.S. government work designation does not apply to works of U.S. state and local governments. Works of state and local governments may be protected by copyright.
    • Copyright laws differ internationally. While a U.S. government work is not protectable under U.S. copyright laws, the work may be protected under the copyright laws of other jurisdictions when used in these jurisdictions. The U.S. government may assert copyright outside of the United States for U.S. government works.
    Pretty much anything on a .gov website is public domain and can be posted in its entirety without links. Be careful with those government trademarks though. :wink:

    R.A. 8293
    CHAPTER IV
    WORKS NOT PROTECTED


    Section 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof (n)

    Section 176. Works of the Government. - 176.1. No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use of any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character. (Sec. 9, first par., P.D. No. 49)

    176.2. The author of speeches, lectures, sermons, addresses, and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works. (n)

    176.3. Notwithstanding the foregoing provisions, the Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest or otherwise; nor shall publication or republication by the Government in a public document of any work in which copyright is subsisting be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such work without the consent of the copyright owner. (Sec. 9, third par., P.D. No. 49)
    Pretty much the same with .gov.ph websites in the Philippines. (To include Philippine government press websites.)

    Note: that I have not linked any of this information and have posted much more than just "snippets".....even though I got some of this from non-government, and copyright protected, websites (specifically the Philippine laws). Public domain is public domain, putting it on your copyright protected website does not mean you now own that material.

    Hope this gives a bit of clarification on Fair Use, Public Domain, and how things should be posted on the forum.
     
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