

Some uses of text under "fair use" are teaching, critiques, comments, reporting, and research.It is not a blank cheque granting you a right to do anything at all and call it "fair use".
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Thus, in any instance, the best and most advisable course of action is to license materials." "Fair use is at best an "iffy" defense and there is virtually no way that anyone can say, in advance, whether the defense will be successful. X Research source Hoffman, Fair Use: Further issues.

Fair use is an extremely complex body of case law it is often very difficult for non-lawyers to tell in advance whether or not a certain use will be considered fair use in court. Called "fair dealing" in many jurisdictions, fair use is simply a guarantee that copyright laws do not infringe freedom of speech and make critical commentary impossible. But don't rely on this unless you are certain.ĭon't rely on "fair use".


Works published by the US Government are public domain no matter when they were published.īe creative. Works published under copyright notice are no longer covered by copyright after 75 years. "A work published prior to Janu without the prescribed copyright notice or with a defective notice was injected into the public domain, and the author lost all copyright protection." There is a quirk in the United States' implementation of the Berne Convention: works first published before 1978 without a copyright notice may be public domain in the United States.Without an explicit dedication to the public domain, assume that it is still under copyright. It is also not necessary for copyright in a work to be registered this simply makes it easier to be compensated in court. "he Berne Convention specifies that no formalities-such as copyright notice-are necessary for gaining protection." In nearly all jurisdictions, including the United States, and all other Berne Convention signatories, it is not necessary for a work to have an explicit copyright notice for it to be copyrighted.Nor is "it didn't say it was copyrighted." "I found it on the Internet" is not a defense against copyright infringement works on the Internet are as copyrightable as any other kind of work. Don't take anything from the Internet, or anywhere else, because it is almost always copyrighted, by default.
