Adviser Update Adviser Update Spring 2017 - Page 21

21 such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” (To read the complete section, see sidebar). download for use in their publications is not snippets of movie dialogue or quotations from novels, but rather bright, professional photos and art they can use to dress up their pages. Does copyright law’s reference to “fair use” mean that students have a right to grab any illustration they want off the Internet and republish it? Hardly. What does this mean to student publications? The portions of the law which refer to fair use for criticism, comment and news reporting can allow student reporters, especially those writing entertainment and product reviews, to legally download and republish portions of text from websites and books, lines of dialogue from movies and TV shows, portions of lyrics for musi c reviews, and, more usefully, illustrations to go along with any of these stories. Fair use does allow for the republication of small amounts of material taken from the original owner of the copyright if the purpose is to convey the flavor and nature of the thing being written about, and if the use does not diminish the value of the copyrighted material. Let’s be honest. Most of what our students want to While the law is intentionally flexible and vague, in practice, (and remember, though I have two degrees in journalism, I am not an attorney) it means that students can probably legally SECTION 107 OF TITLE 17 OF THE UNITED STATES CODE Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2546; Pub. L. 101–650, title VI, § 607, Dec. 1, 1990, 104 Stat. 5132; Pub. L. 102–492, Oct. 24, 1992, 106 Stat. 3145.)