Saturday, January 29, 2011

To Steal, Not to Steal, or How to “Borrow” Legally


Is it the question like in Jeopardy!©, who has the answers?
Someone give me a clue, or are we STUCK LIKE GLUE©
I’m unsatisfied, maybe I should grab a SNICKERS©
If you are bored of this topic we can play CLUE©
Is it piracy like the BUCCANEERS© or is it fair to use?

Is the use of another’s work ever FAIR GAME©
 DEPEND’s© on whether we are seeking a profit
Perhaps you should ask if it is TRULY© the same
Unless writing a fair use poem and nothing seems to FIT©
Use for Educational purposes is TOO LEGIT TO QUIT©

So I hope you are not too MAD©
Don’t be a MATERIAL GIRL© it’s just an illustration
Rather I hope this ramble made you GLAD©
and these words provide you with INSPIRATION©(et all)
BY THE WAY© THIS IS ALL FAIR USE FOR EDUCATION

The above exquisite piece of poetry, which will no doubt be recorded as one of the greatest pieces of the modern era, is illustrative of fair use law in respect to protected material. Said material is only being used to illustrate and educate the ISM 3004 course at the University of Florida. In order to establish if the use of a material is fair there are four things to be considered:
  1. Purpose and nature of the use
  2. proportion and importance of the part used in comparison to the work as a whole
  3. the nature of the work
  4. the use's effect on the value of the work, including potential market.
- Robert W. Emerson, Business Law 5th Ed.


Information regarding fair use may also be found on the government copyright webpage:
http://www.copyright.gov/fls/fl102.html


Photo taken by Jenny Busing (and yes, permission to use this was granted by the owner)
 When composing a BLOG one of the most important aspects is to clearly document sources of information, artwork, music, or any other piece that could be protected. This blogger will not need to worry about properly disclosing information since I have suce a keen artistic and poetic ability thus have the ability to create superb pieces to share with my many followers. See Below...


As seen above Parody is another form of Fair Use. The following website has several lawsuits that illustrate parody and other forms of sucsessful and non sucsessful fair use attempts.

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