Ahead,And,Use,That,Copyrighted DIY Go Ahead And Use That Copyrighted Material, It's Fai

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----------------------------------------------------------Permission is granted for the below article to forward,reprint, distribute, use for ezine, newsletter, website,offer as free bonus or part of a product for sale as longas no changes are made and the byline, copyright, and theresource box below is included. ----------------------------------------------------------Go Ahead And Use That Copyrighted Material, It's Fair Use!Copyright(c)2003 Stephen BucaroMost people would like to use a picture or some textualinformation they found on the Web, but they assume thatcopyright law prevents them from doing so. The copyrightlaw provides a "fair use" exception that permits you tolegally use copyrighted material for many purposes.You can legally use copyrighted music, pictures, andtextual information that you find on the Web for purposessuch as critical review, news reporting, teaching ortraining materials, or a research report. This type of useis not a copyright infringement.Copyright law does not precisely define fair use.Determination of whether a use is fair use is made on acase-by-case basis, determined by the following factors:* The purpose and character of the use.Examples of fair use are quoting passages for a criticalreview, a news report, a parody or satire, to illustratea lesson, or a research report.Fair use is very liberal for non-profit educationalpurposes. But using copyrighted material in for-profittraining materials is much more restricted. In this case,you need to get permission to use the material from thecopyright owner. The use of a copyrighted character in a parody of theperformance that the character appears in is fair use.Don't use a copyrighted character to parody a differenttopic.* The nature of the copyrighted material.Fair use is very liberal when quoting factual materialin editorials, news reports, and research reports. Usingquotes from non-fictional or creative material is muchmore restricted. In that case, stick to short quotes forcritical review, or get permission to use the materialfrom the copyright owner.* The portion used in relation to the material as a whole.Use of only a small portion of a copyrighted work for thepurposes mentioned above is usually fair use. The part ofthe material you use should also be only a small portionof the new work you are creating.Make sure that the small portion that you are using is notthe most significant part of the copyrighted material.Even though the part you use may be only a small portionof the material, if it is the heart of the work, thatwould be infringement. There is no clearly defineddefinition as to what portion of a work the use of isinfringement.* The effect on the value of the copyrighted work.Make sure that the part of the work you use does not makeyour new work substitutable for the copyrighted work. Ifso, that is an infringement because it has reduced themarketability of the copyrighted work.=> Using Pictures of PeopleUse of a person's picture in a news story is fair use. Youcan use the person's picture even if that person has onlya minimal connection to the news story. You can use aperson's picture in an article on a subject of generalpublic interest.Determining whether you need permission to use a person'sname or picture depends on whether it's used to help sella product or service. You cannot use a person's name,picture, or voice for commercial benefit without obtainingtheir permission. Sometimes the distinction between use asnews and use for commercial purposes and is blurred. Forexample, a web site might feature news stories andadvertising.Never position a person's name or picture on a web page ina way that implies that they endorse a product or servicewithout their permission. Never position a person's nameor picture on a web page in proximity to a news story witha negative connotation. For example, if you position aperson's picture just above a story about homosexuality,you might be sued for character defamation. => Use of TrademarksYou can use a trademark to advertise that you sell orservice products of a particular brand. Don't use atrademark to falsely misrepresent yourself as anauthorized agent of that brand's company. You can also usea competitor's trademark in comparative advertising. If youdo, make sure your claims are absolutely honest and can besubstantiated. Sometimes a trademark inadvertently shows up in aphotograph. For example, an advertisement or a container'slabel may show up in a photograph. There is rarely aproblem using a photograph for noncommercial use thatshows a trademark. Never use a photograph showing atrademark in such a way as to imply that the trademark'sowner endorses a product or service.To be absolutely safe, you should get the trademark owner'spermission. Many trademark owners will be happy to giveyou permission without charge. In fact, many companiespay fees to promote their trademark. => Copyright InfringementOther than for fair use purposes, don't expect to get awaywith using copyrighted material from the Web without theowner's permission. Some companies use Web crawlers tosearch for unauthorized use of their copyrighted material.Make sure the person who gives you permission to usecopyrighted material actually owns the copyright to thematerial, or the real owner could sue you for infringement.Usually, if the person who gave you permissionmisrepresented their ownership, you cannot be sued becauseyou would be an "innocent infringer".In this article you have learned that there are manypurposes for which you can legally use copyrightedmaterial from the web. If you follow the copyright law'srules for fair use it is not a copyright infringement.Disclaimer: This information is provided with theunderstanding that the author is not a lawyer. If legaladvice is required, the services of a competentprofessional should be sought. By using this material, theuser assumes complete responsibility for any and alldamages resulting from that use.----------------------------------------------------------To learn how to maintain your computer and use it moreeffectively to design a Web site and make money on the Webvisit http://bucarotechelp.comTo subscribe to Bucaro TecHelp Newsletter Send a blankemail to mailto:bucarotechelp-subscribe@topica.com---------------------------------------------------------- Article Tags: Copyrighted Material, News Story