Copyright/Fair Use Part 2

Copyright/Fair Use for Library Staff

 

Fair Use Myths:
There is some misinformation out there that might lead you to believe fair use automatically applies if you say a few magic words. There is actually NO SILVER BULLET that will guarantee you are protected by fair use when you use copyrighted material you don't own. Courts will consider all four of the factors and weigh them on a case by case basis. Here are some common myths:

 

MYTH #1: If I give credit to the copyright owner, my use is automatically fair use.
Transformativeness is usually a key in the fair use analysis. Giving credit to the owner of a copyrighted work won't by itself turn a non-transformative copy of their material into fair use. Phrases such as "all rights go to the author: and "I do not own" do not automatically mean you are making fiar use of that material - nor do they mean you have the copyright owner's permission.

MYTH #2: If I post a disclaimer on my video, my use is fair use.
As we noted above, there are no magic words that will do this for you. Posting the four factors of fair use in your video or including the phrase "no infringement intended" won't automatically protect you from a claim of copyright infringement. 

MYTH #3: "Entertainment" or "non-profit" uses are automatically fair use.
Courts will look carefully at the purpose of your use in evaluating whether it is fair, but the three remaining factors also need to be considered. Declarin your upload to be "for entertainment purposes only", for example, is unlikely to tip the scales in the fair use balancing test. Similarly, "non-profit" uses are favored in the fair use analysis, but it's not an automatic defense by itself.

MYTH #4: If I add any original material I created to someone else's copyrighted work, my use is fair use.
Even if you've added a little something of your won to someone else's content, you might not be able to take advanteage of the fair use defense - particularly if your creation fails to add new expression, meaning, or message to the original. As with all the other cases discussed here, courts will consider all four factors of the fair use test, incliding the quantity of the original used. 

 

Streaming Media and Fair Use

 

AMAZON PRIME: This is an agreement between you and Amazon Digital Services, Inc. (with its affiliates, "Amazon", "we", or "us") regarding the Store, Prime Music and the Music Library Service (collectively, the "Services"). The Services allow you to purchase and access digital versions of audio recordings, artwork and information relating to the audio recordings, and other content (collectively, "Music Content"), as described below. Before using the Services, please read these Terms of Use, all rules and policies related to the Services (including any specific rules, usage restrictions and other conditions or procedures that we pose or update on or through the Services or on Amazon.com), the Amazon.com Privacy Notice, and the Amazon.com Conditions of Use (collectively, the "Agreement"). If you use any of the Services, you are agreeing to the terms and conditions of the Agreement. 

PRIME MUSIC: You may use the Services only for your personal, non-commercial purposes, subject to the Agreement. You may not use the Services to store, transfer or distribute content of or on behalf of third parties, to operate your own content application or service, to resell any part of the Services or for any form of unlawful file sharing. We grant you a non-exclusive, non-transferable right to use Purchased Music, Prime Music Content, Matched Music and any additional Music Content we provide you access through the Music Library Service only for your personal, non-commercial purposes, subject to the Agreement. Except as set forth in the preceding sentence, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use Purchased Music. We do not grant you any synchronization, public performance, public display, promotional use, commercial sale, resale, reproduction or distribution rights for Music Content you purchase or access through the Services. You must comply with all applicable copyright and other laws and with the terms of any licenses or agreements to which you are bound in your use of the Services and Music Content you purchase or access through them. 

AMAZON INSTANT VIDEO SERVICE: This is an agreement between you and Amazon Digital Services, Inc. (with its affiliates, "Amazon" or "we"). Please read these terms of use, all rules and policies related to the Amazon Instant Video Service (including, but not limited to, any product-specific rules or usage provisions specified on any product detail page, in any link from a product detail page, or on any help or other informational page for the Service), the Amazon.com Privacy Notice and the Amazon.com Conditions of Use (collectively, the "Agreement"). You accept and agree to the tems of this agreement by clicking "watch now", "buy", "rent", or their equivalent on the Amazon Instant Video Service. Subject to your payment of any applicable fees (including applicable taxes) to rent, purchase, or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, Amazon grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. As used herein, "non-commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g. in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifally excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or resteraunt), even in no fee is charged for viewing to Digital Content. To simplify your viewing and management of Digital Content that has a limited Viewing Period (such as Rental Digital Content and Subscripton Digital Content), we may automatically remove that Digital Content form your Compatible Device after the end of its Viewing Period, and you consent to such automatic removal. 

NETFLIX: The Netflix service, and any content viewed through our service, are for your personal and non-commercial use only. During your Netflix membership, we grant you a limited, non-exclusive, non-transferable, license to access the Netflix service and view movies and TV shows through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. 

YOUTUBE: Respect copyright. Only upload videos that you made or that you are authorized to use. This means don't upload videos you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorization. Visit the Copyright Center for more information.  YouTube staff reviews flagged videos 24 hours a day, seven days a week to determine whether they violate our Community Guidelines. When they do, we remove them. Sometimes a video doesn't violate our Community Guidelines, but may not be appropriate for everyone. These videos may be age-restricted. Accounts are penalized for Community Guideline violations and serious or repeated violations can lead to account termination. If your account is terminated, you won't be allowed to create any new accounts. 

REDBOX: You also agree that you will not (or aid or abet any third party to): (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third pary or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by Redbox; or (c) provide access to any Redbox Platforms or Materials via any medium without the prior written consent of an authorized representative of Redbox. 

COMCAST/XFINITY ON THE GO: The Comcast Web Services will allow you to access information, such as collections of data, video, audio, or other multimedia and photographs and other static images (the "Content"). This Content may be owned by Comcast, other companies that give Comcast Web Services for personal, non-commerical purposes as set forth in these Terms or in a manner that does not require a license. Unless the content was legally posted by you on the Comcast Web Services, you may not distrubute copies of the Content in any form (including by email or other electronic means), without prior written permission from its owner except as permitted by law. Of course, you are free to encourage others ot access the Content and to tell them how to find it. In addition, our Content providers want to remind you that that you must not remove, alter, interfere with, or circumvent any copyright, trademark, or ther proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading , publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by Comcast in writing. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.