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note re: section 107 of the copyright law

Written by Karen Fasimpaur
October 18, 2012

from Why does “open” matter?

* The exception to this is the murky area of fair use.Section 107 of copyright law says:

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.

Various organizations have interpreted this language to produce guidelines with specific examples of what they consider fair use, but hte law itself is gray. The point of this discussion is not to promote any particular interpretation of fair use, but to discuss alternatives to it, namely, open content.

There are other resources on Digital Is that cover fair use and its interpretation.