Free Speech &
Remix
Culture
Brian Rowe, Esquire
The
Rent is
too
Damn
High!
Girls, Girls,
Girls, do
engineer!

<Background>

Howard Zinn

"frothing open source advocate"

</background>

<1>

What is Covered by
Copyright?

Where does Copyright
come from?

US Constitution
Article 1, Section 8, Clause 8
To promote the Progress of
Science and useful Arts, by securing
for limited Times to Authors and
Inventors the exclusive Right to their
respective Writings and Discoveries:

How Long is Copyright?

Freedom from Monopolies a
Basic Right

Likely Stock image… used under fair use

Damages

150,000 Per Work!

</1>

<2>

<Free Speech
Boot Camp>

Section 107
Limitations on exclusive rights: Fair use

§ 107 . Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted
work, including such use by reproduction in copies or phonorecords or by any other
means specified by that section, for purposes such as criticism, comment, news
reporting, teaching (including multiple copies for classroom use), scholarship, or
research, is not an infringement of copyright. In determining whether the use made of
a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted
work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such
finding is made upon consideration of all the above factors.

§ 107 . Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the
fair use of a copyrighted work, including criticism, comment,
news reporting, teaching, scholarship, or research, is not an
infringement of copyright.
(1) the purpose and character of the use,
(2) the nature of the work;
(3) the amount and substantiality of the portion used in relation
to the work as a whole;
(4) the effect of the use upon the potential market

§ 107 . Fair use
(1) Use
(2) Type
(3) How Much
(4) the effect of the use upon the potential market
The
Rent is
too
Damn
High!

Good Faith Matters

V
.

Fight for your
right
to remix!

TheWLA.org

Credits:CC-BY Brian Rowe
Most images were used under
my first amendment fair use right
Photo of Brian Rowe: Bipolar Images
These slides were reused from
Greg Grossmeier CC-BY "Publishing, Publishers, and Authors:
What you need to know about Creative Commons."
Brian@BrianRowe.org