Fair Use (FAQ) | U.S. Copyright Office

Can I Use Someone Else’s Work? Can Someone Else Use Mine?

How do I get permission to use somebody else’s work? You can ask for it. If you know who the copyright owner is, you may contact the owner directly. If you are not certain about the ownership or have other relate questions, you may wish to request that the Copyright Office demeanor a search of its records or you may search yourself. See the following question for more details .
How can I find out who owns a copyright?
We can provide you with the information available in our records. A search of registrations, renewals, and recorded transfers of ownership made before 1978 requires a manual search of our files. Upon request, our staff will search our records, see circular 4 Copyright Office fees. There is no fee if you conduct a search in person at the Copyright Office. Copyright registrations made and documents recorded from 1978 to date are available for searching on-line. For promote information, see circular 22, How to Investigate the Copyright Status of a Work, and Circular 23, Copyright Card Catalog and the Online File. Check out the Virtual Card Catalog Proof of Concept equally well .
How can I obtain copies of someone else’s work and/or registration certificate?
The Copyright Office will not honor a request for a transcript of person else ‘s protected knead without written authority from the copyright owner or from his or her delegate agentive role, unless the work is involved in litigation. In the latter shell, a litigation statement is required. A security of registration for any register work can be obtained see circular 4 Copyright Office fees, for this and other records and services. circular 6, Access to and Copies of Copyright Records and Deposit, provides extra information.

How much of someone else’s work can I use without getting permission?
Under the fair use doctrine of the U.S. copyright codified, it is permissible to use limited portions of a work including quotes, for purposes such as comment, criticism, news report, and scholarly reports. There are no legal rules permitting the function of a specific number of words, a certain number of melodious notes, or share of a oeuvre. Whether a particular consumption qualifies as fair manipulation depends on all the circumstances. See, Fair Use Index, and Circular 21, Reproductions of Copyrighted Works by Educators and Librarians .
How much do I have to change in order to claim copyright in someone else’s work?
only the owner of copyright in a exercise has the right field to prepare, or to authorize person else to create, a modern version of that work. accordingly, you can not claim copyright to another ‘s work, no matter how much you change it, unless you have the owner ‘s consent. See round 14, Copyright Registration for Derivative Works and Compilations .
Somebody infringed my copyright. What can I do?
A party may seek to protect his or her copyrights against unauthorized use by filing a civil lawsuit in federal district court. If you believe that your copyright has been infringed, consult an lawyer. In cases of willful misdemeanor for profit, the U.S. Attorney may initiate a condemnable probe .
Could I be sued for using somebody else’s work? How about quotes or samples?
If you use a copyright solve without authority, the owner may be entitled to bring an violation carry through against you. There are circumstances under the bonny use doctrine where a quote or a sample distribution may be used without permission. however, in cases of doubt, the Copyright Office recommends that permission be obtained .

Do you have a list of songs or movies in the public domain? no, we neither compose nor maintain such a list. A search of our records, however, may reveal whether a finical ferment is no longer under copyright auspices. We will conduct a search of our records by the championship of a cultivate, an author ‘s name, or a claimant ‘s name. Upon request, our staff will search our records see circular 4 Copyright Office Fees, for this and other records and services. You may besides search the records in person without paying a fee .
I saw an image on the Library of Congress website that I would like to use. Do I need to obtain permission?
With few exceptions, the Library of Congress does not own copyright in the materials in its collections and does not grant or deny permission to use the content mounted on its web site. province for making an freelancer legal judgment of an item from the Library ’ sulfur collections and for securing any necessary permissions rests with persons desiring to use the item. To the greatest extent possible, the Library attempts to provide any know rights information about its collections. such data can be found in the “ Copyright and early Restrictions ” statements on each american Memory on-line collection home page. If the double is not part of the american Memory collections, contact the Library custodial division to which the visualize is credited. bibliographic records and finding aids available in each custodial part include information that may assist in assessing the copyright status. Search our catalogs through the Library ‘s Online Catalog. To entree information from the Library ’ s reading rooms, go to Research Centers .
Is it legal to download works from peer-to-peer networks and if not, what is the penalty for doing so?
Uploading or downloading works protected by copyright without the agency of the copyright owner is an misdemeanor of the copyright owner ‘s exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages astir to $ 30,000 for each shape infringed and, if willful misdemeanor is proven by the copyright owner, that sum may be increased up to $ 150,000 for each work infringed. In addition, an infringer of a solve may besides be apt for the lawyer ‘s fees incurred by the copyright owner to enforce his or her rights.

Whether or not a finical make is being made available under the authority of the copyright owner is a interview of fact. But since any original oeuvre of authorship fixed in a tangible culture medium ( including a calculator file ) is protected by federal copyright law upon initiation, in the absence of clear information to the reverse, most works may be assumed to be protected by union copyright law .
Since the files distributed over peer-to-peer networks are chiefly copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are presently many “ authorized ” services on the Internet that allow consumers to purchase copyrighted works online, whether music, ebooks, or motion pictures. By purchasing works through authorized services, consumers can avoid the risks of violation indebtedness and can limit their exposure to early electric potential risks, for example, viruses, unexpected material, or spyware .
For more information on this return, see the Register of Copyrights ‘ testimony before the Senate Judiciary Committee .
Can a school show a movie without obtaining permission from the copyright owner?
If the movie is for entertainment purposes, you need to get a clearance or license for its performance .
It is not necessary to obtain permission if you show the movie in the naturally of “ face-to-face education activities ” in a nonprofit organization educational institution, in a classroom or like home devoted to direction, if the replicate of the movie being performed is a lawful copy. 17 U.S.C. § 110 ( 1 ). This exemption encompasses instructional activities relating to a wide assortment of subjects, but it does not include performances for refreshment or entertainment purposes, even if there is cultural value or intellectual invoke .
Questions regarding this provision of the copyright law should be made to the legal guidance of the school or school system.

My local copying store will not make reproductions of old family photographs. What can I do?
Photocopying shops, photography stores and early photograph developing stores are frequently loath to make reproductions of old photograph for fear of violating the copyright law and being sued. These fears are not unreasonable, because copy shops have been sued for reproducing copyrighted works and have been required to pay solid damages for infringing copyrighted works. The policy established by a patronize is a commercial enterprise decision and risk assessment that the business is entitled to make, because the business may face liability if they reproduce a knead even if they did not know the work was copyrighted .
In the case of photograph, it is sometimes unmanageable to determine who owns the copyright and there may be small or no information about the owner on individual copies. possession of a “ replicate ” of a photograph – the tangible embodiment of the “ bring ” – is distinct from the “ influence ” itself – the intangible intellectual place. The owner of the “ knead ” is by and large the photographer or, in certain situations, the employer of the photographer. even if a person hires a photographer to take pictures of a wedding, for exemplar, the photographer will own the copyright in the photograph unless the copyright in the photograph is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph. If the photographer is no longer surviving, the rights in the photograph are determined by the photographer ’ s will or passed as personal property by the applicable laws of intestate sequence .
There may be situations in which the reproduction of a photograph may be a “ carnival use ” under the copyright police. data about fair consumption may be found at Fair Use Index. however, even if a person determines a use to be a “ fair use ” under the factors of section 107 of the Copyright Act, a replicate shop or other third gear party need not accept the person ’ randomness assertion that the use is noninfringing. ultimately, alone a federal court can determine whether a particular function is, in fact, a fair practice under the law .

source : https://alltopus.com
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