Art Law Library: Copyright and Fair Use
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Copyright law seeks to perpetuate freedom of expression and the exchange of ideas in many ways:
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Copyright law is designed to protect specific expression of ideas rather than the ideas themselves. Thus, nobody can have a monopoly on ideas.
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The fair use doctrine permits the use of copyrighted works for purposes of scholarship, journalism, criticism, commentary, or parody (if the parody specifically criticizes or comments on the copyrighted work itself and not just on society in general). Factors which must be considered in determining whether "fair use" applies include:
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The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
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The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
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The effect of the use upon the potential market for or value of the copyrighted work.
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The first sale rule allows owners of copies of a work to share, give away, or otherwise distribute them.
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public domain and can be appropriated by anyone without liability for infringement. Works that are presently in the public domain include works published before 1923, federal government publications and established facts.
Recently, Congress extended the United State’s copyright terms again, thereby keeping material out of the public domain for an even longer period of time, and the Supreme Court upheld Congress’ power to do so. Today, the duration of copyright in the Untied States is as follows:
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Single authorship: author's life plus 70 years.
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Joint authorship: last surviving author's life plus 70 years.
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Works for hire (i.e. a work produced by an employee within the scope of his or her employment or by an independent contracts under a written agreement) and anonymous and pseudonymous works: 95 years from publication or 120 years from creation, whichever is shorter.
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Generally, works created after 1922 but before January 1, 1978, if their copyright registrations were properly renewed, are protected for 95 years, but not necessarily
Link to http://www.loc.gov/copyright/circs/circ1.cfm for further information on what works are protected by copyright and how to secure a copyright.
Associated Cases:
Blanch v. Koons Campbell v. Acuff-Rose Music, Inc. These materials are not intended, and should not be used, as legal advice. They necessarily contain generalizations that are not applicable in all jurisdictions or circumstances. Moreover, court decisions may be superceded by subsequent rulings, and may be subject to alternative interpretations. Corrections, clarification, and additions are welcome. Please send toncac@ncac.org
Cordon Holding C.B. v. Northwest Publishing Corporation
Dauman v. Andy Warhol Foundation for the Visual Arts
David Wojnarowicz, Plaintiff, v. American Family Association And Donald E. Wildmon
Peker v. Masters Collection
Ringgold v. Black Entertainment Television, Inc.
Sandoval v. New Line Cinema Corp.
SunTrust Bank v. Houghton Mifflin Co.
Rogers v. Koons
Leibovitz v. Paramount Pictures Corp.
Mattel Inc. v. Walking Mountain Productions
Hoepker v. Kruger
Sefick v. Gardner