A guide to copyright law and fair use doctrine for content marketers to utilize.

1. The Content Creator's
Guide to Digital Copyright
And Fair Use Doctrine
Adam Ray

2. The Copyright Act, section 107-118
states reasons for which the reproduction of copyrighted
material may be used fairly:
Criticism
Comment
News Reporting
Teaching Research
Scholarship

3. Four Factors of Fair Use:
1. The purpose and character of the use including whether
such use is of commercial nature or is for non-profit
educational purposes

4. Four Factors of Fair Use:
1. The purpose and character of the use including whether
such use is of commercial nature or is for non-profit
educational purposes
2. The nature of the copyrighted work
(TRANSFORMATION)

5. Four Factors of Fair Use:
1. The purpose and character of the use including whether
such use is of commercial nature or is for non-profit
educational purposes
3. The amount and substantiality of the portion used in
relation to the copyrighted work as a whole
2. The nature of the copyrighted work
(TRANSFORMATION)

6. Four Factors of Fair Use:
1. The purpose and character of the use including whether
such use is of commercial nature or is for non-profit
educational purposes
3. The amount and substantiality of the portion used in
relation to the copyrighted work as a whole
2. The nature of the copyrighted work
(TRANSFORMATION)
4. The effect of the use upon the potential market for, or
value of, the copyrighted work

7. Tranformation is the Key
Transformation has been at the heart of most copyright
cases in the last 20 years, and hinges on these factors:

8. Tranformation is the Key
Transformation has been at the heart of most copyright
cases in the last 20 years, and hinges on these factors:
Does your use of the copyright material convey:
New Expression?
New Meaning?
New Message?

9. Tranformation is the Key
Transformation has been at the heart of most copyright
cases in the last 20 years, and hinges on these factors:
Does your use of the copyright material convey:
New Expression?
New Meaning?
New Message?
Or does it supersede or supplant the object of
the original creation?

10. If your use is doing the same thing as the original was
doing, you may not have Fair Use.
Ask yourself before your begin a project:
Do I have a transformative process , and can I
articulate it?

11. Court Case examples:
Went up to the United States Court of Appeals Second
Circuit who ruled that the Naked Gun ad was in Fair Use
Leibovitz v. Paramount Pictures Corp, 1998

12. Copyright Myths
1. If you credit the author with a link, then there is no
copyright infringement.
FALSE: The act of obtaining permission
has no effect on the legitimacy of fair use.
2. If content does not have proof of
copyright, it's not copyright protected.
FALSE: In 1978 the law changed and abolished
the need for a copyright symbol. From then on,
every published work on paper or digital media
is automatically copyright protected.

13. Best Practices:
1. Use Public Domain material.

14. Best Practices:
1. Use Public Domain material.
Works created on or after Jan 1, 1978 - Life of author +70years
Works created before - 95 years after publication
Works created before 1923 - Public Domain

15. Best Practices:
1. Use Public Domain material.
2. Obtain permission from author/creator.
Works created on or after Jan 1, 1978 - Life of author +70years
Works created before - 95 years after publication
Works created before 1923 - Public Domain

16. Best Practices:
1. Use Public Domain material.
2. Obtain permission from author/creator.
3. Exercise Fair Use, clearly identifying your purpose
Works created on or after Jan 1, 1978 - Life of author +70years
Works created before - 95 years after publication
Works created before 1923 - Public Domain

17. QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.

18. QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
YES!

19. QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
YES!
Q: The science teacher scans several chapters of the
textbook so that students won't have to buy it.

20. QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
YES!
Q: The science teacher scans several chapters of the
textbook so that students won't have to buy it.
NO!

21. QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
YES!
Q: The science teacher scans several chapters of the
book so that students won't have to buy it.
NO!
Q: I include a McDonald's logo in my blog entitled, "The
History of Branding"

22. QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
YES!
Q: The science teacher scans several chapters of the
book so that students won't have to buy it.
NO!
Q: I include a McDonald's logo in my blog entitled, "The
History of Branding"
YES!

23. QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
YES!
Q: The science teacher scans several chapters of the
book so that students won't have to buy it.
NO!
Q: I include a McDonald's logo in my blog entitled, "The
History of Branding"
YES!
Q: I create a website containing a company's name such
as "www.MicrosoftSucks.com

24. QUIZ: Is This Fair Use?
Q: A biology student obtains a photo of a dessert toad
from Google images for her science essay.
YES!
Q: The science teacher scans several chapters of the
book so that students won't have to buy it.
NO!
Q: I include a McDonald's logo in my blog entitled, "The
History of Branding"
YES!
Q: I create a website containing a company's name such
as "www.MicrosoftSucks.com
YES!

25. QUIZ: Is This Fair Use?
http://youtu.be/u1kqqMXWEFs

26. Sources: (although I don't legally
need to do this for this presentation)
Julie Ahrens - Stanford Center for Internet and Society
Copyright and Fair Use Issues in the Visual Motion Arts.
United State Copyright Office www.copyright.gov

27. Tranformation is the Key
Does your use of the copyright material convey:
New Expression?
New Meaning?
Or does it supersede or supplant the object of
the original creation?
New Message?

28. The Content Creator's
Guide to Digital Copyright
And Fair Use Doctrine
Adam Ray