The limitations of fair use

Here’s a good summary of the limitations of fair use from Jonathan Baileys article The Limitations of Fair Use.1. Focus on commentary and criticism: Make sure that you are using the work to talk about it. Using a passage from a book to review it, quoting from an essay to rebut it or showing a clip from a TV show to comment on it are all likely fair uses.2. Use as little of the work as possible: Use short quotes when practical and only thumbnails of images. Really hone in on what you need to use and leave out anything you don’t.3. Attribute obsessively: Always make sure that you attribute the works you use, not just to help strengthen your point, but to show good faith. Though not always important to a fair use argument, it discourages any potential conflicts before they happen.4. Focus on transformation: Finally, and most importantly, make sure that your use of the work does not replace the original, but expands upon it. When using someone else’s work, ask yourself the question “Do people, after seeing my use of the content, have a reason to view the original?” If the answer is no, then the use is much more questionable than it would be otherwise.”

via Thumbs down on WordPress Reblogging « one cool site.

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