If the work is protected, you will need to ask permission, such as with a copyright request, unless your use
falls under fair use, such as educational or commentary.
You might try defending yourself against an infringement suit
under the fair use doctrine, since the underlying purpose of «fair use» is precisely to allow book reviews.
When someone finds a new way to violate a copyright it is almost impossible to know whether this falls
under the fair use exception until it goes to court.
«The judges at the Second Circuit court decided that the case would hinge on whether a reasonable observer would find Prince's works to have been transformative, and thus
protected under fair use law.
Music for this episode of Radio Free Nintendo is copyrighted to Nintendo and Konami, and is included
under fair use protection.
The appeals court ruled that of the 30 works by Mr. Prince in question, 25 were
permissible under the fair use exception because they manifested «an entirely different aesthetic» from Mr. Cariou's pictures.
The thumbnail images on the DMA site are posted
under fair use guidelines and adhere to the AAMD guidelines for thumbnail size.
Lawyer Patrick McKay made this winning entry for Public Knowledge's contest to respond to YouTube's Copyright School video — which is informative about what you can't do with copyrighted works, but falls short on what you can
do under fair use.
How do the rights to educational content licensed under Creative Commons differ from the rights available to
educators under fair use?
1DollarScan has always
operated under Fair Use, basically saying that a consumer has the right to have a different version of the material for his own use as part of the purchase price of the book.
However, I'm curious why it is ok to quote a line or two of poetry or from a
book under fair use laws but you ALWAYS have to get permission to use any song lyrics.
Thumbnail - sized images of copyrighted works are
displayed under fair use, in accordance with guidelines recommended by the American Association of Art Museum Directors.
You can use course
readings under fair use, as long as they do not exceed the chapter / 10 percent rule, and there is no ease of licensing, at least according to this precedent.
Then finally, there is «transformativeness» as a unifying consideration, so that copying that substantially transforms a work into a new work fares
better under a fair use analysis — this would appear to be a quite transformative work.
As far as I'm aware, if you're writing an article on a movie (or something similar), you can use screenshots and such from the movie to illustrate your
points under fair use law.
Its if the file violated copyright and not covered
under fair use then a DMCA notice is issued, and the image may be removed.
In July, 2010, the U.S. Copyright Office revised the Digital Millennium Copyright Act to say that activities such as rooting or jailbreaking a smartphone are
protected under the Fair Use doctrine of copyright law.
It was less than a year ago that the contemporary art world — and the artist Richard Prince in particular — declared a victory for appropriation when the United States Court of Appeals for the Second Circuit ruled that Mr. Prince's use of photographs by Patrick Cariou in his own paintings and collages were
permissible under fair use, because they had «a different character» from Mr. Cariou's work.
Additional music for this episode of Radio Free Nintendo is copyrighted to Nintendo and Sony Masterworks and is
included under fair use protection.
Under fair use in the United States, there is no special protection for one particular kind of use, such as educational use.
If any elements of the game are protected by copyright, then you can not reproduce those elements (17 U.S.C. § 106) unless your reproduction falls
under a fair use exception (17 U.S.C. § 107).
If it is found that the uploader did violate copyright by using a copyrighted version of the image that is not
covered under fair use, then a DMCA notice is issued and the image is removed or replaced.
The US court cases I followed pretty much set the precedent that writing cracking software is definitely illegal, but using pre-existing software to make yourself a backup copy falls
under Fair Use, so long as you don't then illegally share the files.
Even a paragraph that is quoting someone else's work as my own thoughts could potentially cross the line, even if in a situation where quoting the same words and giving credit to the original might fall
under fair use.
For instance, parody also falls
under fair use, and parody is certainly a form of fiction.