Copyright law
can affect a person's business, professional or academic life in many different
ways. If you are a writer, you have a natural interest in copyright law. If you
are in business or involved in academic pursuits either as a teacher or as a
student, then copyright law will also impact your personal and professional
careers.
If you've watched a movie, if you've read a book, and if
you've paid any attention to the copyright warning that is contained in these
works, you understand two important points:
-- if you infringe another
person's copyright interest, you can face what might amount to very serious
monetary penalties
-- if you infringe another person's copyright
interest, you can face criminal prosecution.
While criminal
prosecutions are not common when it comes to copyright infringement cases, you
need to keep in mind that a person who misuses the copyrighted work of another
is actually committing theft. In other words, a person who steals words can be
prosecuted in much the same way that a person who steals clothing from a
department store or money from a bank can be criminally prosecuted.
There are two primary exceptions to the use of copyrighted material; one of
these exceptions is derivative of the other. First, there is an exception if
you use a portion of a copyrighted work for satirical purposes. This "satirical
exception" is a derivation of the "Fair Use Doctrine."
The Fair Use
Doctrine permits limited use of copyrighted material for academic purposes. In
other words, a researcher can utilized a small portion of copyrighted text as
part of an academic paper or research report. Similarly, a student can utilize
copyrighted material as part of his or her own academic efforts.
With
that said, when you use copyrighted material, you should make certain that you
give full and complete attribution to the author.
While there is no
definite and set number of words that are considered "fair use," it is
important to make a conscious effort to limit the number of words you use.
Depending on the size of the written piece being utilized, you can run afoul of
the Fair Use Doctrine by "using" too many words. Prudence and reasonableness
are key considerations.
Fair use does not -- repeat: does not --
extend beyond the academic world into business and commerce. A business cannot
extract copyrighted materials under the fair use doctrine to advertise or
promote that business, its products or its services. If a business wants to so
use copyrighted material, that business enterprise (or individual, depending on
the circumstances) must obtain prior, written approval from the copyright owner
for such use of copyrighted materials.















