Fair Use?

cheshire cat

Stanford University Libraries’ Fairly Used Blog published a post on  22 December 2014 entitled

How much of a photo do you need to alter to avoid copyright infringement? Hint: Cheshire Cat

It poses a interesting case.  You can read the summary of the  US  7th Circuit court affirmation of a lower court decision that the image at the left here was fair  use of the photograph on Justia.com. (1)

Fair Use is a complicated issue and every case is judged on it’s own merit.  Every time I think I have a good handle on the issue another question arises that doesn’t fit or another decision is made that seems counter to previous decisions.  The best we can do is to follow the rules as best we can and keep ourselves informed on current issues and decisions.

The following links offer some interesting discussions on the issue of Fair Use.

  • You Tube has a page dedicated to Fair Use, where they give examples of uses of copyright protected materials for criticism, news reporting and remix.
  • The Digital Media Law website has helpful Fair Use page with a discussion of use of email and private letters.
  • The Center for Media and Social Impact in conjunction with The Association of Research Libraries and
    The Program on information Justice and Intellectual Property has developed The Code of Best Practices in Fair Use for Academic and Research Libraries which seems pertinent to researchers and preservationist of all ilk, including genealogists.\
  • University of Texas has a Copyright Crash Course The section on Building on Others’ Creative Expression discusses the limits of Fair Use.
  • Daily Blog Tips: Copyright Law: 12 Dos and Don’ts offers some great tips on what can and can’t be used not only in Blogs but in any publications.

(1) Justia.com offers daily summaries of US Supreme Court, Appellate Court, and State Supreme Court decisions.

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Filed under Copyright, Genealogy, Laws and Legal Decisions

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