To get the free app, enter your email address or mobile phone number.
Reclaiming Fair Use: How to Put Balance Back in Copyright Paperback – August 15, 2011
Top 20 lists in Books
View the top 20 best sellers of all time, the most reviewed books of all time and some of our editors' favorite picks. Learn more
Frequently Bought Together
Customers Who Bought This Item Also Bought
--Michael C. Donaldson (03/22/2010)
""Reclaiming Fair Use" will be an important and widely read book that scholars of copyright law will find a 'must have' for their bookshelves. It is a sound interpretation of the law and offers useful guidance to the creative community that goes beyond what some of the most ideological books about copyright tend to say."--Pamela Samuelson, University of California, Berkeley School of Law (01/21/2011)
"The Supreme Court has told us that fair use is one of the 'traditional safeguards' of the First Amendment. As this book makes abundantly clear, nobody has done better work making sure that safeguard is actually effective than Aufderheide and Jaszi. The day we have a First Amendment Hall of Fame, their names should be there engraved in stone."
--Lewis Hyde, Richard L. Thomas Professor of Creative Writing, Kenyon College (04/04/2011)
About the Author
More About the Author
Top Customer Reviews
"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
This is the official section of the US Code that states the four factors to which we are going to come back over and over again.
The second document they mention but do not quote is the famous and founding article by Pierre N. Leval, "Toward a Fair Use Standard" published in 1990 in the Harvard Law Review (Issue 103, pp. 1105-1136 plus 128 notes, some extensive). I will not quote it, but I would advise you to get to it.Read more ›
Most Recent Customer Reviews
The language is easy. This book was very useful for me as a journalist. Now I know smth more about my legal and creative rightsPublished on June 10, 2013 by Margaret