FAIR USE ©

Are There Any Situations In Which A Work Can Be Used Without The Permission Of The Copyright Owner?

YES it's called FAIR USE. Any person who intends to make any unauthorized use of a copyrighted work should first consult with legal counsel or take other appropriate steps to determine that the proposed use will qualify as a fair use. In most cases, it is better to get permission from the copyright owner than to rely on the fair use exemption.


Fair Use
The Copyright Act allows for the "fair use" of a copyrighted work. A use that is a fair use will not constitute infringement of the copyright in the work. In general, fair use is use for purposes such as criticism, news reporting, commentary, teaching, scholarship or research.
The Copyright Act does not specifically define what uses will constitute a fair use. Instead, the Act lists four factors to be considered in determining if a use is a fair use. Those factors are as follows:

1.    The purpose and character of the use, including whether the use is for commercial purposes or nonprofit educational purposes;
2.    The nature of the work used;
3.    The amount and substantially of the portion of the work used in relation to the work as a whole; and
4.    The effect of the use upon the potential market for and value of the work used.

Determinations of fair use are made on a case by case basis. As a result, there are no general rules as to what will or will not constitute a fair use. 

*I, Kathy Boast, grant permission to use images found on kathyboast.com for school projects without written permission.  I would appreciate an e-mail letting me know you would like to use them.  I may have more photos for your project.  Photos excluded from permission are photos that have people who's faces can be seen in them unless otherwise stated.