Friday, February 17, 2012
Double journal entry 5
This still leaves much room for interpretation,
especially since the law is clear that these are not the only permissible considerations.
So how have judges interpreted fair use? In reviewing the history of fair use
litigation, we find that judges return again and again to two key questions:
• Did the unlicensed use “transform” the material taken from the copyrighted work
by using it for a different purpose than that of the original, or did it just repeat
the work for the same intent and value as the original?
• Was the material taken appropriate in kind and amount, considering the nature
of the copyrighted work and of the use?
If the answers to these two questions are “yes,” a court is likely to find a use fair.
Because that is true, such a use is unlikely to be challenged in the first place.
My story does fall with in these guidelines because it not only was changed from the original form but was not represented as my own pictures. Simply the idea, work and layout were my own. My digital story used images that are so recognizable and widely used that they could be found anywhere. They were not taken from a particular person or source but can be found on many many sites and places. You see this in classical music and many old books as well. They are so widely published that they can be found in many forms.
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