Graphics Programs Reference
In-Depth Information
THE FAIR-USE MYTH
A popular myth in academic cultures is
fair use
. The doctrine provides
situations where copyrighted works can be used without paying. It
places restrictions on:
1. The purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the
copyrighted work as a whole
4. The effect of the use on the potential market for or value of the
copyrighted work
Students and teachers alike get
caught up in exemption number one.
It is true that in a classroom situation
you can use virtually any image you
want for practice or class exercises.
However, here is the problem: As
soon as a student wants to start look-
ing for a job and builds a portfolio,
those images are being used for
financial gain. If you are a student,
you need to build work samples that
help you get a job. Use images that
you have the rights to (or that you
have photographed).
The other clause that is often
seen as a loophole is number four.
People often think that because
their project was small or personal
that damage cannot be claimed. It is
relatively easy for a copyright holder
to claim damages or lost revenue.
Even though they may not go after you, why take the chance? As a
content creator, you should respect the law and the welfare of your
fellow designers and photographers. For more on copyright and fair-
use doctrine, visit
www.copyright.gov
and
www.asmp.org/content/
