1 00:00:01,120 --> 00:00:04,740 [Copywrite Basics with Chris Zabriskie, Fair Use and Public Domain Deep Dive] 2 00:00:04,740 --> 00:00:07,490 [Chris Zabriskie] So we know what can be copyrighted and what can't. 3 00:00:07,490 --> 00:00:09,790 And we know how long copyrights last. 4 00:00:09,790 --> 00:00:11,460 Is that it? 5 00:00:11,460 --> 00:00:17,390 Nobdy can use your work for any reason without your permission until you've been dead for the better part of a century? 6 00:00:17,390 --> 00:00:19,150 Not exactly. 7 00:00:19,150 --> 00:00:21,920 You might have heard about something called fair use. 8 00:00:21,920 --> 00:00:25,050 Fair use is an exception to copyright, 9 00:00:25,050 --> 00:00:27,910 to that exclusive right that copyright gives you. 10 00:00:27,910 --> 00:00:30,240 And while the copyright is still in effect, 11 00:00:30,240 --> 00:00:33,210 people can make use of your copyrighted work 12 00:00:33,210 --> 00:00:35,000 without your permission. 13 00:00:35,000 --> 00:00:37,510 But only for very specific purposes. 14 00:00:37,510 --> 00:00:39,840 News reporting for example. 15 00:00:39,840 --> 00:00:42,370 Think of your local television news 16 00:00:42,370 --> 00:00:46,060 and all the times that copyrighted or trademarked material 17 00:00:46,060 --> 00:00:49,150 makes it into the background of one of their reports. 18 00:00:49,150 --> 00:00:52,260 Now imagine that they had to get perrmission 19 00:00:52,260 --> 00:00:55,870 in advance from every one of those copyright holders 20 00:00:55,870 --> 00:00:57,910 before they could run that story. 21 00:00:57,910 --> 00:00:59,360 That's crazy. 22 00:00:59,360 --> 00:01:03,770 Fair use is essential for freedom of the press to even exist. 23 00:01:03,770 --> 00:01:06,600 Fair use can also cover educational use 24 00:01:06,600 --> 00:01:09,030 like this video series. 25 00:01:09,030 --> 00:01:12,070 Schools and other educational institutions around the world 26 00:01:12,070 --> 00:01:15,490 can use copyrighted material in the service of teaching. 27 00:01:15,490 --> 00:01:19,760 So if you've ever had a teacher show a film clip in your class to illustrate a concept, 28 00:01:19,760 --> 00:01:21,470 you have fair use to thank. 29 00:01:21,470 --> 00:01:27,050 Works of criticism are protected and so are libraries, and even search engines like Google. 30 00:01:27,050 --> 00:01:30,720 Fair use is very important for them to do what they do. 31 00:01:30,720 --> 00:01:37,410 Now you may never actually run into a situation where you need to worry about fair use, honestly. 32 00:01:37,410 --> 00:01:40,780 But it's an incrediibly important concept to understand. 33 00:01:40,780 --> 00:01:43,910 As a creator of anything creative, even websites, 34 00:01:43,910 --> 00:01:47,740 it's important to know the limitations your copyright has. 35 00:01:47,740 --> 00:01:52,930 So say you make an iPhone app and then some website writes a negative review of it, 36 00:01:52,930 --> 00:01:56,570 the review has got videos and pictures of your app in it. 37 00:01:56,570 --> 00:01:58,270 And you're made that review is negative. 38 00:01:58,270 --> 00:02:02,280 And so you want to take it down—you want to take the pictures and video down. 39 00:02:02,280 --> 00:02:07,240 You can't do that, and if you tried to sue them chances are all you'd do is waste a bunch of money. 40 00:02:07,240 --> 00:02:11,690 Or say something you've written gets used to teach something in a college class. 41 00:02:11,690 --> 00:02:14,650 You might not claim fair use on anything you use, 42 00:02:14,650 --> 00:02:17,710 but others might on things that you create. 43 00:02:17,710 --> 00:02:23,600 And if you ever get a job at a library, a news organization, or even an educational company like Treehouse here, 44 00:02:23,600 --> 00:02:26,250 it's even more important to understand. 45 00:02:26,250 --> 00:02:30,470 For usage of copyrighted material to be fair use, 46 00:02:30,470 --> 00:02:33,470 it has to pass a sort of theoretical test. 47 00:02:33,470 --> 00:02:36,330 Now this is from the United States copyright law here. 48 00:02:36,330 --> 00:02:42,550 For something to be considered fair use, one has to determine the purpose and character of the use, 49 00:02:42,550 --> 00:02:48,010 including whether such use is of a commercial nature of is for nonprofit educational purposes, 50 00:02:48,010 --> 00:02:50,150 the natures of the copyrighted work, 51 00:02:50,150 --> 00:02:58,070 the amount and substantiality of the portion used in relation to the copyrighted work as a whole, 52 00:02:58,070 --> 00:03:05,360 and the effect of the use upon the potential market for or value of the copyrighted work. 53 00:03:05,360 --> 00:03:10,380 All right, let's slow down a little bit and take each one of those one by one, 54 00:03:10,380 --> 00:03:13,380 because they're all important in their own unique way.