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Sunday, March 2, 2008

Background On Fair Use

Fair use in the digital age is the same as fair use in the non-digital age. Just because we are not using this website for commercial purposes does not mean it is protected under copyright laws. For something to be considered fair use it must inject some degree of original contribution from the maker other than just the assembly of unchanged copies of different copyrighted works.


This is an interesting point for our project as we are just mashing copyrighted songs together. 
-Doesn't mixing them inject some degree of original contribution?
-We are simply using parts of copyrighted works but it is not that simple, as music mixing has been allowed in the past

Clearly these laws are open to interpretation- thus a case-by-case analysis is the standard

Fair use permits use of portions of a work under limited circumstances, many but not all of which are set out in the Copyright Act.

The Copyright Act has a 4 Factor Test:
1. the purpose and character of the use
2. the nature of the original work
3. the amount taken from the existing work and the importance of what is taken
4. the effect of the use on the potential market value of the copyrighted work

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