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Examples of Fair Use

1. Parody and Satire: “Weird Al” Yankovic’s Music

  • Story: “Weird Al” Yankovic is famous for his parodies of popular songs. By changing the lyrics and style, he transforms the original work into something new and humorous. Fair use allows these parodies as they provide commentary and critique on the original songs.
  • Case Analysis: Parody is a recognized form of fair use that permits the use of copyrighted works to create something new and transformative, often for humorous or critical purposes.
  • Legal Support:
    • U.S. Law: Fair use under Title 17, Section 107 of the U.S. Code.
    • International Agreement: Berne Convention provides guidelines for exceptions and limitations.
  • Keywords: Fair use, parody, transformative use, commentary, Berne Convention.

2. Educational Purposes: Khan Academy

  • Story: Khan Academy, a non-profit educational organization, uses excerpts from textbooks and educational materials to create free online courses. This is considered fair use because the materials are used for educational purposes, providing significant public benefit without affecting the market value of the original works.
  • Case Analysis: Fair use for educational purposes is allowed when the use is non-commercial and benefits the public, such as in teaching, scholarship, or research.
  • Legal Support:
    • U.S. Law: Fair use under Title 17, Section 107 of the U.S. Code.
    • International Agreement: Berne Convention supports educational exceptions.
  • Keywords: Fair use, educational use, non-commercial, public benefit, Berne Convention.

3. Criticism and Commentary: The Daily Show

  • Story: “The Daily Show” with Trevor Noah often uses clips from news broadcasts and political speeches to provide satire and commentary on current events. Fair use permits this use as it adds new meaning and fosters public discourse.
  • Case Analysis: Fair use in criticism and commentary is recognized when the work is used to provide new insights or perspectives, fostering public debate.
  • Legal Support:
    • U.S. Law: Fair use under Title 17, Section 107 of the U.S. Code.
    • International Agreement: Berne Convention includes provisions for criticism and commentary.
  • Keywords: Fair use, criticism, commentary, public debate, Berne Convention.

4. News Reporting: BBC’s Use of Footage

  • Story: The BBC often uses clips and excerpts from various sources in its news reports. Fair use allows them to use these materials for reporting news, provided it is done in a way that adds value by informing the public.
  • Case Analysis: Fair use for news reporting is allowed when it serves to inform the public, providing a new and valuable context to the original material.
  • Legal Support:
    • U.K. Law: Fair dealing under the Copyright, Designs and Patents Act 1988.
    • International Agreement: Berne Convention supports news reporting exceptions.
  • Keywords: Fair use, news reporting, public information, Berne Convention, Copyright, Designs and Patents Act.

5. Research and Academic Use: Google Books Project

  • Story: The Google Books project has digitized millions of books to make them searchable online. Courts have ruled that this constitutes fair use because it transforms the original texts into a searchable database, providing significant benefits for research and accessibility without substituting the original books.
  • Case Analysis: Fair use in research and academia is allowed when the use is transformative, providing new functionalities or benefits such as enhanced access to information.
  • Legal Support:
    • U.S. Law: Fair use under Title 17, Section 107 of the U.S. Code.
    • International Agreement: Berne Convention supports exceptions for research and education.
  • Keywords: Fair use, research, academic use, transformative use, public benefit, Berne Convention.

6. Documentary Filmmaking: Ken Burns’ Documentaries

  • Story: Ken Burns, an American documentary filmmaker, often uses archival footage and historical documents in his films. Fair use allows him to use these materials to tell compelling stories and provide historical analysis without seeking permission for every clip.
  • Case Analysis: Fair use in documentary filmmaking is recognized when the use of copyrighted material is transformative and provides significant educational and historical value.
  • Legal Support:
    • U.S. Law: Fair use under Title 17, Section 107 of the U.S. Code.
    • International Agreement: Berne Convention supports educational and historical use exceptions.
  • Keywords: Fair use, documentary filmmaking, archival footage, historical analysis, Berne Convention.

7. Cultural Commentary: Charlie Hebdo

  • Story: Charlie Hebdo, a French satirical magazine, uses illustrations and excerpts from various sources to provide cultural and political commentary. Fair use allows these uses as they add new meaning and foster public debate on important issues.
  • Case Analysis: Fair use for cultural commentary is recognized when the new work transforms the original in a way that adds new expression, meaning, or message, often for critical or humorous purposes.
  • Legal Support:
    • French Law: Article L122-5 of the French Intellectual Property Code allows for exceptions such as parody, pastiche, and caricature.
    • International Agreement: Berne Convention provides guidelines for exceptions and limitations.
  • Keywords: Fair use, cultural commentary, parody, public debate, Berne Convention, French Intellectual Property Code.