What Are 3 Exceptions That Allow the Use of Copyrighted Materials Without Permission?

Under US Code 17 Sec. 106 is the Copyright Law that gives exclusive rights to creators. It stipulates that copyright holders have the right to create derivative works, reproduce their work, and perform their work publicly. However, the rights and not exclusive, and it would be in your best interest to consult a US copyright protection law office about copyright exceptions.

What Are Copyright Exemptions?

The US Copyright Law has exemptions that limit a copyholder’s rights. The exemptions allow other users to exercise copyright without permission from the copyholder under specific conditions. These exemptions are well described under the Fair Use rule. A reputable nationwide Copyright lawyer in the United States can take you through what the law means.

Fair Use Policy

The Fair Use Defense is captured under section 107 and is recognized by courts to allow various uses of copyrighted works. It is arguably the most significant limitation on the copyholder’s exclusive rights, allowing other people to use copyrighted work without authorization from the copyholder. They also don’t need to pay a fee or sign a license.

The rule not only allows but also encourages using copyrighted material for social benefits. Without Fair Use, it would be an infringement to utilize copyrighted materials for teaching, learning, or legitimate news purposes, for example.

The Test for Fair Use

The Fair Use statute provides that using copyrighted work for purposes such as commenting, criticism, news, teaching, and reporting is not copyright infringement. In determining whether a given use of copyrighted material is fair, lawyers from a copyright law office will consider the following four factors:

• The purpose and character of the use, including whether the use is for nonprofit educational purposes or commercial in nature
• The kind of the copyrighted work
• The effect of the use of the material on the potential market or value of the copyrighted work
• The quantity and relevance of the portion used in relation to the copyrighted work as a whole

When Can Copyrighted Material Be Used Without Permission?

In light of the Fair Use rule, there are specific circumstances where users can use copyrighted material without permission from the copyright holder:

1. Reproduction for Libraries

Libraries and archives can make copies of copyrighted works under specific conditions. However, the reproduction must adhere to Fair Use standards, taking into consideration the following factors:

• The kind of copyrighted work, whether factual or data-based, and whether it is creative. Use is more likely to pass as fair if the work is more objective than creative.
• The quantity of the portion used relative to the entire copyrighted work. Using a part of the work as opposed to all of it is more likely to be considered fair use.
• The character and purpose of the use, including whether the use is for nonprofit educational or commercial purposes. Educational objectives of using copyrighted works are more likely to be considered fair use.
• The effect and significance of using a portion of the work on the value or potential market of the copyrighted work. How does the copied material affect or compete with potential profits to the copyright holder? The use is likely fair if it has no impact on the potential gains.

Reproduction of copyrighted works by libraries for students for a course should only happen through Printing Services. If you establish that libraries have misused your work, consult a national Copyright lawyer for legal counsel and action.

<h3>2. First Sale Doctrine</h3>

Under the first sale doctrine that is enshrined in Section 109, users can distribute a legally acquired copy of a copyrighted work. The principle allows the resale of products that comprise someone else’s intellectual property as long as the person lawfully owns the product, for example, by purchasing it.

It allows the distribution of copyrighted works beyond the initial sale by the copyright owner. Without the first sale doctrine, it would be impossible for anyone to sell or otherwise dispose of any physical works they have purchased without permission from the copyright owner.

Court decisions have often used the doctrine in other areas of intellectual property such as trademark cases. However, the principle may not apply when the goods are materially different from the trademark owner’s product or where there is a lack of comparable quality controls.

3. Classroom Display or Performance

Copyright law provides an exemption for face-to-face teaching by teachers and students. Teachers can show their students pictures, articles, and video clips or read stories during class to improve the education experience. Under this exemption, the kind of copyrighted work in question doesn’t matter, whether it’s dramatic, musical, or non-dramatic.

However, there are limitations to the exemption, which include the following:

• The display or performance must happen during face-to-face teaching activities in a nonprofit educational institution, a place devoted to teaching, or a nonprofit educational institution.
• It doesn’t apply to the copies made, which need to be covered under Fair Use or another legal exemption. In this case, the number of copies must be at most one copy per student, and the teacher’s inspiration and decision to use the work and the moment of use should be reasonably close in time.

The exemption allows for the transmission of a performance or display of literal and non-dramatic work referring to creations not found in an opera, theater, or musical. Protection of copyrighted material is crucial for the owner, and a nationwide Copyright lawyer can help clients identify and protect their copyrightable rights.

An Experienced Trademark and Copyright Protection Lawyer Helping You Protect Your Copyrights

Content creators, authors, composers, or artists have the lawful right to control the use of their work by others. Copyrighted work may not be appropriated, disseminated, or duplicated by others without the owner’s permission. Copyright laws also restrict the public display or performance of copyrighted work unless under the exemptions recognized by the law.

Our copyright law office works with clients to counsel and advise them on various copyright issues, such as use, registration, and filing options depending on the specific type of copyright. Our copyright protection lawyer can help you determine the best strategy to prepare and file the copyright application with the US Copyright Office.

If you have additional questions or need assistance with registering your trademark, contact our trademark attorneys at (888) 666-0062 or click here to schedule an Initial Discovery Session online.  We are here to help you navigate the process and maximize your trademark protection.

DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.