The law in many countries allows users certain rights over data whose copyright they do not own (including text, images, and other media), often under headings such as fair use or public interest. Depending on jurisdiction, these may cover issues such as whistleblowing, production of evidence in court, quoting or other small-scale usage, backups of owned media, and making a copy of owned material for personal use on other owned devices or systems. The steps implicit in trusted computing have the practical effect of preventing users exercising these legal rights.

Technology, Education and Copyright Harmonization (TEACH) Act. Signed into law by President Bush on November 2, the TEACH Act loosens the restraints created by the DMCA insofar as education is concerned

More importantly, the idea of Fair Use was effectively removed from Web-based education because of the DMCA

Resources for using images in online education

It is not necessary to prevailon each of the four factors for asuccessful fair use claim.

Fair use is a flexible standard andall four statutory factors areconsidered together.

The US Constitution clearlystates that the purpose of theintellectual property system is to“promote the progress of science andthe useful arts

ir use is a right explicitly recognizedby the Copyright Act.1 The SupremeCourt has recognized this right as a“First Amendment safeguard” becausecopyright law might otherwiseconstrict freedom of speech

Using the Four Factors

are a small subset of the uses of online resources educators may wish to make. It only covers in class performances and displays, not, for example, supplemental online reading, viewing, or listening materials. For those activities, as well as many others, we'll need to continue to rely on fair use. Remember, however, when relying on fair use, the fair use test is sensitive to harm to markets. This means that in general, where there is an established market for permissions, there will often be a narrower scope for fair use, and our reliance on fair use should be limited.

To reuse and/or reproduce research it is desirable that researchoutput be available with sufficient context and details for bothhumans and machines to be able to interpret the data as described inthe FAIR principles

Google Library: Beyond Fair Use?

Google's use of thumbnail images in its Image. Search is fair and noninfringing

The nature-of-work factor generally focuses on the degree of expressiveness of the plaintiff's work. Artistic and fanciful works tend to be highly expressive, so it is generally more difficult to win fair use defenses involving such works. Fact-intensive and highly functional works tend, by contrast, to have a lesser quantum of expressive content. Hence, fair use may be easier to establish in cases involving such works.

We write on behalf of plaintiffs Hachette Book Group, Inc., HarperCollins PublishersLLC, John Wiley & Sons, Inc. and Penguin Random House LLC (the “Plaintiffs”) to request apre-motion summary judgment conference pursuant to Individual Practice 2(B).

I write on behalf of Defendant Internet Archive pursuant to Paragraph 2-B of Your Honor’s IndividualPractices to request a pre-motion conference on a motion for summary judgment in the above matter.

From a media point of view, Genius was offensive for its initial underlying claim: that it was okay to take anyone’s content for zero compensation, so long as it “added transformative value” by tacking on a comment box where people could say it sucked.

In this idealised utopia we obviously want to place value on sharing and curation as well as original creation, which means giving a small fraction of the payment to the re-publisher as well.We should note monetisation of all this content is optional. Some websites would allow their content to be transcluded for free, while others might charge hefty fees for a few sentences. If all goes well, we'd expect the majority of content on the web to be either free or priced at reasonable micro-amounts.

More information about limitations and exceptions to copyright

This is a comic book about intellectual property law and the public domain: https://law.duke.edu/cspd/comics/digital/.

The fair use doctrine was created to allow the use of copyrighted works for criticism and commentary, parody, news reporting, research and scholarship, and classroom instruction.

http://librarycopyright.net/resources/fairuse/index.php

For this factor... It is more likely to be fair use if... It is less likely to be fair use if...

individual's interpretation of that policy

beyond any tool, company, or institution.

required by the Americans with Disabilities Act.

public knowledge

software that searches web pages and images were so transformative as to be fair use.

These rights are quali- fied, however, by the application of various limitations set forth in the next several sections of the Act, §§107 through 122. Those sections, typically entitled “Limitations on exclusive rights,” include, for example, the principle of “fair use” (§107), permission for limited library archival reproduction, (§108), and the doctrine at issue here, the “first sale” doctrine (§109)