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A. Are the exclusive intellectual property of MJSiebolt, MJSiebolt Productions and Matthew Dykstra unless otherwise specifically stated or displayed

B. Shall not be reproduced, transmitted or altered in any way. Any unauthorized use, reproduction or transmission is strictly prohibited.

© 1979 – Present MJSiebolt’s Lifecast (Vlog) all rights are reserved. Protected by DMCA.

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— US Fair Use—

Fair use is the use of limited amounts of copyrighted material in such a way as to not be an infringement. It is codified at 17 U.S.C. § 107, and states that “the fair use of a copyrighted work … is not an infringement of copyright.” The section lists four factors that must be assessed to determine whether a particular use is fair. There are no bright-line rules regarding fair use and each determination is made on an individualized case-by-case basis.[47]

  1. Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Nonprofit educational and non-commercial uses are more likely to be fair use. This does not mean that all nonprofit education and noncommercial uses are fair use or that all commercial uses are not fair. Instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
  2. Nature of the copyrighted work: Using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
  3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Courts look at both the quantity and quality of the copyrighted material that was used. Using a large portion of the copyrighted work is less likely to be fair use. However, courts have occasionally found use of an entire work to be fair use, and in other contexts, using even a small amount of a copyrighted work was determined not to be fair use because the selection was an important part—or the “heart”—of the work.
  4. Effect of the use upon the potential market for or value of the copyrighted work: Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.

In addition to these four factors, the statute also allows courts to consider any other factors that may be relevant to the fair use analysis. Courts evaluate fair use claims on a case-by-case basis, and the outcome of any given case depends on the specific facts of that case. There is no formula to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission.[48]

The justification of the fair use doctrine turns primarily on whether, and to what extent, the challenged use is transformative. “The use must be productive and must employ the quoted matter in a different manner or for a different purpose from the original. A quotation of copyrighted material that merely repackages or republishes the original is unlikely to pass the test…. If, on the other hand, the secondary use adds value to the original–if the quoted matter is used as raw material, transformed in the creation of new information, new aesthetics, new insights and understandings– this is the very type of activity that the fair use doctrine intends to protect for the enrichment of society.”[49]

The Copyright Office provides a searchable list of fair use case law.

Parodies

Although a parody can be considered a derivative work, and thus within the exclusive rights of the copyright owner, it may qualify as “fair use.” Parodies are not automatically fair use. The Supreme Court of the United States stated that parody (transformative) “is the use of some elements of a prior author’s composition to create a new one that, at least in part, comments on that author’s works.” That commentary function provides some justification for use of the older work; in contrast, a satire (exaggerated) (which is not targeted at the work borrowed from) does not require the use of the original work to make its point. (See Campbell v. Acuff-Rose Music, Inc.).[11]

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— Canadian Fair Dealing —

Sections 29, 29.1 or 29.2 of the Copyright Act of Canada create the fair dealing exception to copyright:

Research, private study, etc.
s.29 Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright.

Criticism or review
s.29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned:

(a) the source; and
(b) if given in the source, the name of the
(i) author, in the case of a work,
(ii) performer, in the case of a performer’s performance,
(iii) maker, in the case of a sound recording, or
(iv) broadcaster, in the case of a communication signal.

News reporting
s.29.2 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned:

(a) the source; and
(b) if given in the source, the name of the
(i) author, in the case of a work,
(ii) performer, in the case of a performer’s performance,
(iii) maker, in the case of a sound recording, or
(iv) broadcaster, in the case of a communication signal.

To qualify under the fair dealing exception, the dealing must be for a listed purpose and the dealing must be fair.