What limitations are imposed by copyright?

Answer 1

The doctrine of fair use supersedes an author's copyright protection. The limitations are set forth in Justice Story's opinion in Folsom v. Marsh, a copyright case from 1841. 'In short, we must often ... look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work.'

Answer 2

For a use to be considered fair, the law lists four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for or value of the original work.

Unofficially, two other ideas are considered when infringement cases go to court: transformativeness, i.e. the extent to which the new work builds on and transforms the old; and whether the user acted in good or bad faith.

Since abuse is determined on individual cases in court, be sure you stick to the recognized arenas for fair use, including education, critique, parody, among a few others. If you absolutely need to use someone else's work, use the absolute minimum of text. If an it's an image, use a small, low resolution version.

To be really sure about your legal coverage, get the copyright owner's permission in writing before you use their work, if possible.

Unfortunately, many internet users seem to believe that fair use means "because I want to". This is not the case.

Answer 3

Copyright law gives the creator of a work the exclusive right to copy, alter, distribute, or perform/display the work, or authorize others to do so, for a limited time.