Writers may find occasion for particular concern over what
constitutes fair use in situations where they want to use material not
created by them. Excerpts, images, poems, educational materials . . . these are
just a few of the commonly-shared, duplicated and otherwise used materials that
artists and information gatherers may utilize.
Most of us may have a fair idea of the transgressions that would
constitute an unfair use. Still, there will be occasions of doubt. During these
times (at least), it’s recommended to evaluate certain points of the target
material’s intended usage, which include and are not limited to (1.) portion of work used (2.) market effect (3.) actual need of use (4.) source of use.
It can get complicated, and has often required the intense inspection of the courts system to determine disputes arisen from complaints of copyright violation. For this reason, it is advisable to practice thorough precaution.
How to Avoid Plagiarism and Unfair Use:
One could keep and practice their own method of determinate usage
parameters, which most of us do in some form or other. However, consider: how
many of us are legal experts? There may be a better solution. There are helpful agencies and representatives
who have taken the time to offer form resources as tools for help in identifying issues
related to a writer’s intended usage of a material.
- The American Library
Association Office for Information Technology Policy (Michael Brewer) offers an online tool which evaluates the parameters for you and then offers a PDF document for your files. While this tool disclaims against legal advice, it does
offer an encompassing examination of points that may be otherwise left
out of general consideration.
- Columbia University Libraries Information Services website offers the Center for Digital Research and Scholarship Fair Use Checklist.
As an alternative, or in addition to at least one of the tools above, take time to review copyright standards, practices and law via the reference links below. Take a moment as well to tell other readers here about your own interesting copyright adventures.
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