{"id":418,"date":"2015-09-08T13:25:00","date_gmt":"2015-09-08T06:25:00","guid":{"rendered":"https:\/\/opte.io\/support\/?p=418"},"modified":"2020-09-20T16:53:20","modified_gmt":"2020-09-20T08:53:20","slug":"fair-use","status":"publish","type":"post","link":"https:\/\/opte.io\/support\/fair-use\/","title":{"rendered":"Copyright and Fair Use"},"content":{"rendered":"

OPTe.io\u00a0is a publishing, rather than a file sharing platform, so copyrighted materials are often used in commentary, journalism, or the transformation of the material into something original of their own.\u00a0As such, it\u2019s important to consider if the manner in which the material is used falls under fair use, before submitting a\u00a0DMCA notice<\/a>. Under\u00a0Section 512(f) of the DMCA<\/a>, any person who knowingly materially misrepresents that material or activity is infringing is liable for:<\/p>\n

\u2026any damages, including costs and attorneys\u2019 fees, incurred by the alleged infringer, by any copyright owner or copyright owner\u2019s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.<\/p><\/blockquote>\n

Please note that OPTe.io\u00a0may seek to collect those damages. This includes DMCA notices aimed at uses of copyrighted content that we believe to be fair.<\/p>\n

What is fair use?<\/strong><\/h2>\n

There aren\u2019t hard and fast rules when it comes to defining fair use.\u00a0However, the\u00a0Copyright Act<\/a>\u00a0sets out four factors for courts to consider:<\/p>\n

    \n
  1. The purpose and character of the use<\/strong>: Why and how is the material used? Using content for criticism, comment, news reporting, teaching, scholarship or research is usually fair. Additionally, using material in a transformative manner, that is to say, in a manner that adds new expression, meaning, or insight, is also more likely to be considered fair use over an exact reproduction of a work. What\u2019s more, nonprofit use is favored over commercial use.<\/li>\n
  2. The nature of the copyrighted work:<\/strong>\u00a0Is the original factual or fiction, published or unpublished? Factual and published works are less protected, so its use is more likely to be considered fair.<\/li>\n
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole<\/strong>: How much of the material is used? If the \u201cheart\u201d (the most memorable or significant portion) or the majority of a work wasn\u2019t used, it\u2019s more likely to be considered fair.<\/li>\n
  4. The effect of the use upon the potential market for, or value of, the copyrighted work:<\/strong>\u00a0Does the use target a different market\/audience? If so, it\u2019s more likely to be fair use. It\u2019s important to note that although criticism or parody may reduce a market, it still may be fair because of its transformative nature. In other words, if the criticism of a product influences people to stop buying the product, that doesn\u2019t count as having an \u201ceffect on the market for the work\u201d under copyright law.<\/li>\n<\/ol>\n

    Here are some resources to learn more about fair use:<\/p>\n