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SET OF PRINCIPLES IN FAIR USE FOR JOURNALISM,SET OF PRINCIPLES IN FAIR USE FOR JOURNALISM. WHAT THIS IS, This document is a statement of principles to help journalists in the United States. interpret the copyright doctrine of fair use It is intended for anyone who engages. in the set of practices that entails creating media of any kind that refers to real life. events of public interest in service of public knowledge whether that person is a. full time professional or an individual who takes it upon himself or herself to report. about specific issues or events In other words the definition of journalism to. which this document speaks is defined by acts not titles and is an inclusive one. reflecting in part the changing nature of the technologies that support and enable. journalistic practice, Fair use is the right to use copyrighted material without permission or payment. under some circumstances especially when the cultural or social benefits of the. use are predominant It is a general right that applies even in situations where the. law does not provide an explicit authorization for the specific use in question As. with more familiar rights of free expression people use this right without any formal. notification or registration, This guide identifies seven situations that represent the current consensus within. the community of working journalists about acceptable practices for the fair use. of copyrighted materials It identifies some common situations encountered by. journalists principles for the application of fair use in those situations and the. limitations that journalists recommend to define the zone of greatest comfort for. employment of this right all consistent with the development of the fair use. doctrine in the courts,WHAT THIS ISN T, This set of principles does not describe the full extent of fair use rights Instead it.
describes how those rights should apply in certain common situations for journalists. The fair use rights of journalists may of course extend to other situations as well. It is not a guide to using material that authors or owners give the public permission. to use such as works covered by Creative Commons licenses Anyone can use those. works the way their owners authorize although other uses may also be permitted. under the fair use doctrine depending on the terms of the license in question. Likewise it is not a guide to the use of material that has been specifically licensed. SET OF PRINCIPLES IN FAIR USE FOR JOURNALISM, which may be subject to contractual limitations or to material that the journalist. has received with permission and under some limiting terms whether they are made. orally or in writing, It is not a guide to material that is already free to use without considering copyright. For instance all works produced by an employee of the federal government on. work time and that includes no third party copyrighted material are in the public. domain as are many older works For more information on free use consult the. document Yes You Can centerforsocialmedia org files pdf free use pdf It is. also important to remember that facts are not copyrightable Thus journalists and. anyone else are free to report facts first reported by others as well as reasonable. inferences others have derived from facts though not always in the same words In. addition headlines and many leads are free for all to repeat if indeed they are simple. declarations of facts, This is not a guide to ways of using material that are without copyright consequences. For example current court decisions indicate that simply linking to content that is. legitimately available online is an activity that copyright does not regulate. Obviously plagiarism the representation of others work as your own is never. acceptable and would also be infringing if the others work were copyrighted. Fair use does not apply in situations where a journalist or the journalist s organization. has contracted with another organization to provide materials In most cases. contractual agreements that require payment for use for instance an agreement to. pay for a photograph or a video clip if a trial version has been sent or an agreement to. pay per use for an acquired news photograph or standing contracts with providers. override otherwise valid fair use arguments, Likewise this document does not deal with journalists legal responsibilities under. bodies of law other than copyright such as privacy defamation and national security. Nor does it address the current resurgence of interest however well or ill founded in. legal regulation of the process by which journalists repeat hot news first reported by. Finally this set of principles does not specifically address the issues raised by the. 1998 Digital Millennium Copyright Act which creates barriers to otherwise lawful. SET OF PRINCIPLES IN FAIR USE FOR JOURNALISM, fair uses of copyrighted materials that are available only in formats that incorporate.
technological protection measures such as encryption and prohibits the deletion of. embedded information identifying the author or source of a document under certain. circumstances,HOW THIS DOCUMENT WAS CREATED, This set of principles was created by journalists after the issuing of an American. University report Copyright Free Speech and the Public s Right to Know. How Journalists Think about Fair Use on the problems journalists face in. understanding their fair use rights With support from the Society for Professional. Journalists Patricia Aufderheide and Peter Jaszi sometimes with legal colleagues. led 17 deliberative meetings in Baltimore Boston Chicago Duluth MN Fort. Lauderdale Los Angeles Minneapolis New York San Francisco and Washington. D C In these meetings common recurrent fair use issues in journalism were. discussed in depth by small groups of experienced practitioners These meetings. guided the drafting of the set of principles The principles were reviewed by an. expert legal advisory board whose members are listed at the end of this document. These days copyright is ubiquitous all kinds of new material from the highly. significant to the relatively trivial is automatically protected upon its creation. Likewise a wide swath of older material dating back to 1923 or even before is and. will for some time continue to be subject to protection United States law provides. copyright protection to all kinds of works of authorship whether deathless. prose or someone s to do list But this is only one aspect of copyright law which. was designed to implement government policy that fosters the creation of culture. Re using existing cultural material can be under some circumstances a critically. important part of generating new culture In fact the cultural value of this kind of. re use is so well established that it is written into the social bargain at the heart of. copyright law as inscribed in the United States Constitution. The bargain is this we as a society give limited property rights to creators to. encourage them to produce culture At the same time we give other creators the. chance to use that same copyrighted material without permission or payment. in some circumstances Without the second half of the bargain we could all lose. SET OF PRINCIPLES IN FAIR USE FOR JOURNALISM,important new cultural work. Copyright law has several features that permit quotations from copyrighted works. without permission or payment under certain conditions Fair use is the most. important of these features It has its origins in 18th century British law has been an. explicit part of U S copyright for more than 170 years and includes elements the. right to engage in criticism and commentary for example that are widely recognized. through the world In the U S where it applies fair use is a user s right In fact as. the Supreme Court has pointed out in its 2003 Eldred decision and the 2011 Golan. decision fair use helps to keep copyright from violating the First Amendment. New creation inevitably incorporates existing material As copyright protects more. works for longer periods than ever before creators face new challenges licenses. to incorporate copyrighted sources become more expensive and more difficult. to obtain and sometimes are simply unavailable As a result fair use is more. important today than ever before, Copyright law does not specify exactly how to apply fair use and that gives the. fair use doctrine a flexibility that works to the advantage of users Creative needs. and practices differ with the field with technology and with time Rather than. following a specific formula lawyers and judges decide whether an unlicensed use of. copyrighted material is fair according to a rule of reason This means they will. take all the facts and circumstances into account to decide if an unlicensed use of. copyrighted material generates social or cultural benefits that ultimately are greater. than the costs it imposes on the copyright owner, Fair use is flexible but it is not unreliable In fact for any particular field of critical. or creative activity lawyers and judges have long considered the shared opinions of. practitioners in assessing what is fair within their field In weighing the balance. at the heart of fair use analysis judges typically consider the non exclusive list of. factors mentioned in Section 107 of the Copyright Act the nature of the use the. nature of the work used the extent of the use and its economic effect the so called. four factors This still leaves much room for interpretation especially since the. law is clear that these are not the only permissible considerations. So how have judges interpreted fair use In reviewing the history of contemporary. SET OF PRINCIPLES IN FAIR USE FOR JOURNALISM, fair use litigation we find that judges return again and again to two key questions.
Did the unlicensed use transform the copyrighted material by using it for a. different purpose than that of the original or did it just repeat the work for the same. intent and value as the original, Was the material taken reasonably appropriate in kind and amount considering. the nature of the copyrighted work and of the use, If the answers to these two questions are yes a court is likely to find a use fair. Because that is true such uses often are not challenged in the first place Many of. the cases that proceed into the courtroom involve uses that test the limits of fair use. rather than ones within the large field of common fair use practice. Both key questions touch on among other things the question of whether the use. will cause excessive economic harm to the copyright owner Courts have told us. that copyright owners are not entitled to an absolute monopoly over transformative. uses of their works By the same token however when a use supplants a copyright. owner s core market it is unlikely to be fair For example a journalist cannot. reproduce large parts of a competitor s article merely to avoid the trouble of doing. their own reporting Another consideration may influence the way in which. these questions are analyzed in practice Whether the user acted reasonably and. in good faith in light of general practice in his or her particular field The fact. that community practice influences judicial decisions makes it important for. communities of practice to understand and articulate their fair use rights. Many of the most common journalistic activities in which quoting reproducing. or referencing copyrighted material occurs are self evidently transformative when. done in a responsible and professional manner This is true whether the journalist is. working in print audio video or online fair use is not medium specific Likewise. the principles of fair use apply equally to a newspaper article a piece of music a. film a user s tweet and a website However since all fair use instances are context. dependent and case by case potential fair users of copyrighted material should. weigh all the circumstances in making a decision about how to proceed. SET OF PRINCIPLES IN FAIR USE FOR JOURNALISM,JOURNALISTS AND FAIR USE. Journalists have long depended upon the right of fair use to incorporate copyrighted. material into their work and to this day they do so constantly Journalists use it. often without thinking about it or even knowing they are doing so to quote or. paraphrase source material to provide proof or illustration of assertions and to. engage in comment or critique among other uses Indeed the business of journalism. is sustained in part by fair use which enables appropriate timely unlicensed. quotations and references to newsworthy material, Fair use protects journalists free speech rights from within the structure of copyright. Those rights fuel journalists mission to inform the public Thus mission has a far. reaching effect journalists play a key part in shaping the way members of a society. understand the actions and motives of others and sometimes of themselves This. self understanding is generated not only by the headline news of the day and hard. hitting investigative reporting of government malfeasance but by cultural criticism. editorial writing sports reporting beat and community reporting. Journalists fair use rights are particularly favored in U S copyright law Criticism. comment and news reporting are all singled out in the law as specific examples of. general purposes appropriate for fair use But whether specific instances constitute. fair use must be determined on a case by case basis. the principles of fair use apply equally to a newspaper article a piece of music a film a user s tweet and a website However since all fair use instances are context dependent and case by case potential fair users of copyrighted material should weigh all the circumstances in making a decision about how to proceed 6 SET OF PRINCIPLES IN FAIR USE FOR JOURNALISM SET OF PRINCIPLES IN

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