Webmaster Forum

Go Back   Webmaster Forum > Marketing Forums > Marketing Forum

Marketing Forum Marketing, branding and advertising discussions. Online and off-line marketing discussions.

Thread Tools Display Modes
Share |
Old 05-21-2006, 07:10 AM
notepage notepage is offline
Contributing Member
Join Date: 05-02-04
Posts: 338
iTrader: 0 / 0%
Post What is Fair Use?

As the Internet matures, users and governments are struggling to manage controversial issues. Lets face it, the Internet did not exist when the US copyright laws were written;let us not forget, while many countries respect copyright laws, the Internet is global without a governing body. There are not only different laws, rules and regulations, but also jurisdiction issues. RSS didn't exist when copyright laws were written either. While ardent supporters feel any content in a feed can be syndicated, other equally fervent publishers contend that original works are just that--original works, and in many countries protected by copyright laws.

Much of the Internet is uncharted territory. There is no single agencies that has complete control over content or censorship, and it is unlikely that there will ever be a recognized body that regulates and agrees to terms and conditions to govern the online world. At this point, the location of webhosts and companies owning domains dictate what laws that are observed. In other words, if a company in the US or UK is violating a copyright and their host is in the US or UK, it will be easy to enforce copyright laws in the event of a violation and have the website content pulled. If the website is located on a server in a region that does not recognize or acknowledge the rights of a copyright holder, the web host will be less likely to cooperate in removing the offending content.

Regardless of whether you manage an RSS feed or syndicate existing feeds, it is a good idea to become familiar with what constitutes fair use under copyright laws. Fair use allows portions of copy written material to be reproduced or republished without the consent or permission from the copyright holder.

Determining protection can be complex. Fair use is often disputed, and it is difficult for legal scholars to understand, and even more difficult for publishers to decipher. When determining fair use there are a few questions that help determine whether a copyright violation has occurred. The questions you should ask are:

Is the work protected?
How much material is copied?
What is the nature of the work that was copied?
Is the individual reproducing the work profiting?
How was the original works affected by being copied?

When attempting to determine copyright protection, it is important to remember that the US copyright law does not require a notice to appear in order for creative works to be protected. The fact that the work is unique and is "created" is enough to ensure protection.

Not surprisingly, creative works that contain a higher level of complexity have a higher degree of protection. The fair use doctrine is part of US copyright law and it allows for publishers to incorporate some copyrighted material into works without the expressed permission of the copyright holder.

Resources on Copyright:
Copyright Debate: http://www.small-business-software.n...ght-debate.htm
Copyright: http://www.copyright.gov/

Keep in mind that fair use is based on the belief that the general public and media are entitled to freely use portions of copyrighted materials. The fair use extends to commentary on the creative works, criticism of creative works, or even the creation of a parody that relates to the copyrighted material. Understanding the intent of the copyright laws help publishers interpret them.

About the Author:
Sharon Housley manages marketing for FeedForAll http://www.feedforall.com software for creating, editing, publishing RSS feeds and podcasts. In addition Sharon manages marketing for NotePage http://www.notepage.net a wireless text messaging software company.
Reply With Quote



Go Back   Webmaster Forum > Marketing Forums > Marketing Forum


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
What do you think, is it fair ? kos Web Directory Issues 12 06-26-2007 01:16 AM
What do you think is the fair salary for this kind of job? liza_francisco Web Design Lobby 4 06-18-2007 08:05 AM
Alexa - is it fair? Chrisrngc Marketing Forum 8 03-12-2004 07:04 AM

V7N Network
Get exposure! V7N I Love Photography V7N SEO Blog V7N Directory

All times are GMT -7. The time now is 08:39 AM.
Powered by vBulletin
Copyright 2000-2014 Jelsoft Enterprises Limited.
Copyright © 2003 - 2018 VIX-WomensForum LLC