Höfundarréttur og bókasöfn II

Í dag var ég einmitt að hugsa um „fair use“ í sambandi við höfundarrétt, þetta er ágæt yfirferð.

Exceptions form an important part of many national copyright regimes. Probably the best known copyright exception is the U.S. ‘Fair Use’ Doctrine. This provision was enacted as section 107 in the 1976 enactment of Title 17, the U.S. Copyright Act but it has its origins in over a century of case law. It provides that a ‘fair use’ is not an infringement of copyright. ‘Fairness’ is determined with reference to the following four principles:

• the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
• the nature of the copyrighted work;
• the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
• the effect of the use upon the potential market for or value of the copyrighted work.