Fair Use and Copyright Infringement

Sarah Bird claims to be an attorney (I think--if that's what being a "former litigator" means). At the SEOmoz.org website, she offers a lengthy article on What's Fair About Fair Use? Defending a Copyright Infringement Claim. Fair use, of course, is kind of the flip side of copyright protection, and it's a most controversial part of the law. This is mainly because the law is vague (in my opinion) concerning what constitutes an allowable reproduction of copyrighted materials. Instead of citing a specific amount of material that can be used, the law requires certain conditions be met. Again, they are open to interpretation, usually by lawyers:

⇒ There are four factors to consider when determining whether you are illegally infringing someone’s copyright or merely employing fair use of the material:
→ The purpose and character of the use, including whether such use is of a commercial nature or is nor nonprofit educational purposes;
→ The nature of the copyrighted work.
→ The amount and substantially 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.

The purpose of Bird's article, however, is not to help you protect your writing, but rather to help you with the "fair use" defense. If you recycle someone else's work, as we bloggers often do, and the author feels you've infringed on the copyright, understanding the fair use section of the Copyright Act may help you. Seems to me that a comprehensive understanding would benefit all writers, no matter on which side of the fence of fair use they sit.