Copyright for people who do not know copyright laws.

byJKingsberry

536 followers

8 years ago

I found myself with a little problem with copyright. The Image I had was of my dad's curio shop and motel including a 47 foot cowboy all built by hand by himself. Fantastic. Yes, but he was a creative genius, but back in 1950's and in 1960, I thought he was a normal person. He was but he did many amazing things in his life. I have not finished my website yet, but there are pages and posts. I am on course 2, lesson 6 and have been researching a lot and writing pages, editing them, re editing them--oh well you know how it goes.

I can not go into details much, but the organization has ownership of the cowboy, 2016. Now my dad's picture is the way he built it in 1960. There are 11 differences between the two, but they are the same cowboy my dad built, BUT they don't look the same, because primarily the cowboy of 1960 had real Levi Jeans on him and a real shirt made by a tent an awning shop. The face looks different and one has clothes (1960 and his right foot in on top of the porch of the curio shop. Like I said there are 11 differences

I wrote a nice letter to the Director to allow me permission to use the cowboy on the web. She has never treated me well, but I hoped by explaining to her, she would act like a decent. She immediately got the City Attorney of this town to tell me fancy words for NO. They told me I could not use the picture commercially, although I had explained that it was not as much as she had done with donations.

Now when you ever want legal advice, but are lacking in money and am not sure if you even need a lawyer. It is best to find a different image. Right? Don't muddy the waters. Well I would agree, but my picture is important. I agree that if the problem, like mine is complicated, you need a lawyer. Now I had some legal training and have read up on free use and the other terms you will run into sometimes.

The computer is great. I taught myself everything, so it is not complicated. Learning to be an excellent marketer is not easy, because there are so many things to learn. But the steps are important, so you do not miss out. Tonight I need to write some site comments! I like the challenge.

Primarily here are some of the rules of free use. I may cut and pasts some of my readings. Oh the free lawyer I found on the internet is cool. He is going to call me tomorrow..

Are you ready to NOT be bullied? Information is important. Right information.

he four factors judges consider are:

the purpose and character of your use

the nature of the copyrighted work

the amount and substantiality of the portion taken, and

the effect of the use upon the potential market.

Here are a few details about free use. If you world like to find more information and examples or comment on your images, let me know.

FACTOR 1: THE PURPOSE AND CHARACTER OF THE USE

The fair use statute itself indicates that nonprofit educational purposes are generally favored over commercial uses. In addition, the statute explicitly lists several purposes especially appropriate for fair use, such as criticism, comment, news reporting, teaching, scholarship, or research. These activities are also common and important at the university. But be careful: Not all nonprofit educational uses are “fair.” A finding of fair use depends on an application of all four factors, not merely the purpose. However, limiting your purpose to some of these activities will be an important part of claiming fair use.

Courts also favor uses that are “transformative,” or that are not merely reproductions. Fair use is more likely to be found when the copyrighted work is “transformed” into something new or of new utility or meaning, such as quotations incorporated into a paper, or perhaps pieces of a work mixed into a multimedia product for your own teaching needs or included in commentary or criticism of the original.

FACTOR 2: THE NATURE OF THE COPYRIGHTED WORK

This factor centers on the work being used, and the law allows for a wider or narrower scope of fair use, depending on the characteristics or attributes of the work. For example, the unpublished “nature” of a work, such as private correspondence or a manuscript, can weigh against a finding of fair use. The courts reason that copyright owners should have the right to determine the circumstances of “first publication.” Use of a work that is commercially available specifically for the educational market is generally disfavored and is unlikely to be considered a fair use. Additionally, courts tend to give greater protection to creative works; consequently, fair use applies more broadly to nonfiction, rather than fiction. Courts are usually more protective of art, music, poetry, feature films, and other creative works than they might be of nonfiction works.

FACTOR 3: THE AMOUNT OR SUBSTANTIALITY OF THE PORTION USED

Although the law does not set exact quantity limits, generally the more you use, the less likely you are within fair use. The “amount” used is usually evaluated relative to the length of the entire original and in light of the amount needed to serve a proper objective. However, sometimes the exact “original” is not always obvious. A book chapter might be a relatively small portion of the book, but the same content might be published elsewhere as an article or essay and be considered the entire work in that context. The “amount” of a work is also measured in qualitative terms.

Courts have ruled that even uses of small amounts may be excessive if they take the “heart of the work.” For example, a short clip from a motion picture may usually be acceptable, but not if it encompasses the most extraordinary or creative elements of the film. Similarly, it might be acceptable to quote a relatively small portion of a magazine article, but not if what you are quoting is the journalistic “scoop.” On the other hand, in some contexts, such as critical comment or parody, copying an entire work may be acceptable, generally depending on how much is needed to achieve your purpose. Photographs and artwork often generate controversies, because a user usually needs the full image, or the full “amount,” and this may not be a fair use. On the other hand, a court has ruled that a “thumbnail” or low-resolution version of an image is a lesser “amount.” Such a version of an image might adequately serve educational or research purposes.

FACTOR 4: THE EFFECT OF THE USE ON THE POTENTIAL MARKET FOR OR VALUE OF THE WORK

Effect on the market is perhaps more complicated than the other three factors. Fundamentally, this factor means that if you could have realistically purchased or licensed the copyrighted work, that fact weighs against a finding of fair use. To evaluate this factor, you may need to make a simple investigation of the market to determine if the work is reasonably available for purchase or licensing. A work may be reasonably available if you are using a large portion of a book that is for sale at a typical market price. “Effect” is also closely linked to “purpose.” If your purpose is research or scholarship, market effect may be difficult to prove. If your purpose is commercial, then adverse market effect may be easier to prove. Occasional quotations or photocopies may have no adverse market effects, but reproductions of entire software works and videos can make direct inroads on the potential markets for those works.