6. Copyright and Fair Use

 Copyright and Fair Use

What is copyright? 

Copyright is any creator's(artist, composer, author, etc.) right to control others use of his/her original work. The U.S. Copyright Act allows creators to create original works and publish it officially, such as writing it down on paper, video recording, or publishing it on a media website, with automatic acknowledgment of copyright. According to Harvard's Office of the General Counsel, this then allows the creator ability to do things, including

• Display their work 
• reproduce and make copies of their work
• distribute copies to the public
• publicly perform the work(literary, musical, dramatics, etc.) 

Any original work can be copyrighted, such as a painting, a composition, literary works, photographic visuals, dramatic works, choreographic works, etc. Copyright laws are necessary because it allows creators to comfortably create works and extend their achievements to an audience without the fear of originality protection. Additionally, it allows public viewers righteous inspiration with the opportunity to benefit from new, influenced ideas. 

What is Fair Use?

Fair use is an affirmative defense that allows a non-creator of an original copyrighted work the right to use it under certain conditions without permission of the owner. This right allows one to use and build or manipulate the original works without unfairly depriving the  owner the right to control and benefit from his/her works. Manipulation or extension of use may involve criticism, commentary, news reporting, teaching, and research. With that being said, there are four factors that are considered when determining when fair use is appropriate. 

1. The purpose and character of your use refers to propositions that regard using fair use for nonprofit educational purposes. For example, in university environments, is likely to weigh in your favor.
2. The nature of the copyrighted work is weighed when propositions regard natural selection(technical, scientific, etc.)
3. The amount and sustainability of the portion taken in relation to the copyrighted work as a whole depends on the size of the works. There is no particular percentage when it comes to fair use, but usually, the bigger the work, the less likely it will be established fair use. The more of the original that’s used, the greater the negative impact on the market for the copyrighted work. 
4. The effect of the use upon the potential market considers the anticipated effect on the publisher’s market. If the use is expected to negatively affect the publisher’s original work or value on the market, it is likely that fair use will be denied. 

How to protect your copyrighted material 

The exact moment an original work is officially published as one’s own, it is voluntary for one to register for copyright protection. This is because copyright exists immediately upon publishment. However, there are additional things a creator can do to ensure that his/her work will be protected and that they will get credited for their work.

• DMCA takedown notice will ensure revocation of someone using your content without your permission
• Intellectual property clauses can be added to a website, or another media platform that belongs to the creator, in terms and conditions, which will state that everything on your site belongs to you and is copyrighted material. 
• Copyright notices are establishments on one’s advertisements that serves as a warning of copyrighted material. 
• Google alert is a tool that provides an individual or company electronic monitoring of one using their copyrighted material and alert status. 

How to avoid copyrighting 

Copyrighted content is extremely common, especially on social media platforms. This often results in copyright claims and deletion of content. Because of this, it is stressed even more that individuals be aware of what copyright and fair use mean and how to avoid copyrighting someone’s work. Here are some tips that can help avoiding copyright infringement.

• Always assume that work is copyrighted
• Do not copy, share, or alter without seeking permission or consent 
• Review and retain licensing agreements
• Have an IP(Intellectual Property) policy
• Create your own original content

The United States copyright law and regulations ensure that a creator’s rights of protected originality are honored. Not only the creator, but others can also enjoy working with another’s works to create, educate, inspire, and appreciate.