Fair use Review

Today I’m reviewing an article on “fair use” called Andy Biao is kinda screwed and to be honest… I was shocked when I first saw this and realized that violating copyright laws can cause various situations that cannot be controlled such as paying large amounts of money for the violation and possibly losing your right to content creation which can diminish any chance of financially setting yourself and that is utterly nerve racking.  Two things from the article that caught my eye while reading were these factors.

1.The purpose and character of your use: Was the material transformed into something new or copied verbatim? Also, was it for commercial or educational use?

4. The effect of the use upon the potential market

These two factors spoke to me because it perfectly represents the purpose of your art in a financial and market standpoint and deciding your own path on how to go about content creation. Fair use may be a hindrance to most content creators but that doesn’t mean to limit yourself from creation it just means to give credit to where credit is due.

One thought on “Fair use Review”

  1. What’s interesting about Andy’s case is that he created a “product” for a particular community (those that funded his kickstarter) and the copyright holder of the photo sued him for a remix of the photo. And there was good reason for him to believe that he could claim fair use in his defense and won his case. BUT. The big but was that it would be cost prohibitive to defend his right to remix the material. It would have cost him more in the courts to “win” than to “lose” and settle the case.

    So what does that say when you feel you have the legal right to do something, but the means to maintain your rights is not financially tenable. The legal system has this problem in many other areas than intellectual property cases. That someone with better financial means has more opportunity to defend their rights under the law. And how fair is that?

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