By: Sherlynn Rocha
Purpose & character is one of the factors to determine Fair Use. Fair Use is in favor of: teaching, personal, research, and transformative. According to the U.S. Copyright office the purpose will be weighed against the other factors of: nature of the copyrighted work, amount and substantiality of the portion, and effect & value of copyright work. As for transformative use they add something new and doesn’t substitute the original work.
Example of fair use by summaries of fair use cases from Stanford Library:
TCA Television Corp. v. McCollum: Puppet Person mocks pretending to be author.
Case was seen transformative based on needing to know the original play to get the joke.
Religious Technology Center v. Pagliarina: Quotation from Church of Scientology posts on internet.
Purpose for fair use was commentary.
Some questions to consider for purpose and character include:
Is this work offer something better?
Is this new work considered a copy?
Research
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Hi Sherlynn.
This is another informative entry designed to steer the radar of writers to an important legal topic. It’s clear, again, that you did your homework with research since you incorporated mention of legal cases. Please allow me to share some feedback on your posting.
– As an uninformed reader who never studied “Fair Use” as a topic, I need clarification on what this topic is and why it is important to me as a writer.
– You pose some questions at the end of your post, and these are designed to spark the reader to make some philosophical considerations related to purpose and character. First: Take care to form your question using correct grammar. I tripped over the questions because I am unsure what you are asking me to think about. Second: I am still unclear that you mean by “purpose” and “character”. To clarify, you might consider listing a few examples of each of these in turn. Those examples will help guide the reader to infer a definition. Once the reader understands these general ideas around what purpose and character are, then they will feel more comfortable considering your questions. (If you have another uninformed reader like me, it’s best to spell everything out so it’s overly-clear. You want to bring the reader up to the point where you are first in order to help them answer your questions and get them to think comfortably on their own about deeper meaning and how it applies to their own writing.)
I added a few additional comments to your other “Fair Use” piece, so kindly review those as they would apply to this posting as well. Both present excellent work on your part. You would really knock those postings out of the park if you would take a few sentences to clarify and provide examples.
Nice work!