Procedure for Making Claims of Copyright Infringement
If you believe content appearing here infringes on your copyright, please notify us through our contact form with the following information:
- A description of the copyrighted work that you claim has been infringed.
- The exact URL or a description of each place where alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law.
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
- A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
The four factors of fair use
In the United States, fair use is determined by a judge, who analyzes how each of the four factors of fair use applies to a specific case.
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
Courts typically focus on whether the use is “transformative.” That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original. Commercial uses are less likely to be considered fair, though it’s possible to monetize content and still take advantage of the fair use defense.
- The nature of the copyrighted work
Using material from primarily factual works is more likely to be fair than using purely fictional works.
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. However, even a small taking may weigh against fair use in some situations if it constitutes the “heart” of the work.
- The effect of the use upon the potential market for, or value of, the copyrighted work
Uses that harm the copyright owner’s ability to profit from his or her original work are less likely to be fair uses. Courts have sometimes made an exception under this factor in cases involving parodies.