Getting Started with Fair Use Copyright in Los Angeles
Fair use copyright is a complex and multi-faceted concept in the world of copyright law3 min read
Fair use copyright is a complex and multi-faceted concept in the world of copyright law. As such, making four detailed and informed decisions around it requires research and an understanding of the nuances of the law. Understanding the basics of the fair use standard is a starting place, but it is not enough to be legally informed. Fortunately, if you are an executive or business manager based in Los Angeles, experienced lawyers are available to answer your questions when it comes to fair use copyright.
The first step to getting started with copyright is to understand when it does and does not apply. Generally speaking, copyrights protect original works of authorship like music, photographs, novels, sculptures, and most internet content. Within those categories, copyright protection applies to both published and unpublished works. Copyright protection usually means that the author retains exclusive rights over that work, including the right to produce copies, make derivative works, distribute, perform, or display the work publicly.
The legal standard for fair use copyright applies when someone other than the copyright holder uses or quotes the copyrighted work without the copyright holder's permission. To determine whether the use of the work is “fair”, courts consider the purpose of the use, the nature of the copyrighted material, the amount of the copyrighted material that has been used, and the effect the use has on the potential market for or value of the copyrighted material.
In general, four different factors determine fair use. Legally speaking, if the user has shown an intention to transform or create a new original work, the use of a preexisting copyrighted work can be considered fair use. If the use of the copyrighted work is for criticism, comment, or news reporting, then it can be considered fair use. Also, if the use of the copyrighted material does not adversely impact the market or potential market of the copyrighted work, then it can be considered fair use. Finally, the use of minimal amounts of the copyrighted material can be considered fair use.
In order to determine if a given use of a copyrighted work is fair, the user must consider all four factors. The user must also consider which courts are likely to view their use as fair, as appeals courts in different jurisdictions at times make divergent rulings, and the laws and established precedents on copyright and fair use copyright may vary from state to state.
If you are an executive or business manager in Los Angeles, experienced lawyers can answer your questions on copyright law. If you are uncertain about how copyright law may affect you or your business, a lawyer will be able to provide legal insight and advice that takes into account both the existing legal framework and the individual facts and circumstances of your situation.
At UpCounsel, our network of experienced lawyers is well versed in law regarding copyright and fair use copyright. From small businesses to the Fortune 1000, UpCounsel's network of experienced lawyers has you covered. Business attorneys connected to UpCounsel have an average of 14 years of experience and you can access profiles of our online attorneys that display client ratings and reviews of their recent work.
Good legal counsel is essential to making informed decisions around fair use copyright and to ensuring that the use of copyrighted material is compliant with both federal and local laws. To get started on fair use copyright, contact UpCounsel to get connected with experienced lawyers in the Los Angeles area who can answer your questions and guide you in the right direction.