Procedure for Making Claims of Copyright Infringement
If you believe content appearing on thenotsomorningshow.com infringes on your copyright, please notify us here with the following information:
1. A description of the copyrighted work that you claim has been infringed.
2. The exact URL or a description of each place where alleged infringing material is located.
3. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law.
4. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
5. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
What is Fair Use?
In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an illegal infringement.
So what is a “transformative” use? If this definition seems ambiguous or vague, be aware that millions of dollars in legal fees have been spent attempting to define what qualifies as a fair use. There are no hard-and-fast rules, only general rules and varied court decisions, because the judges and lawmakers who created the fair use exception did not want to limit its definition. Like free speech, they wanted it to have an expansive meaning that could be open to interpretation.
Most fair use analysis falls into two categories: (1) commentary and criticism, or (2) parody.
Commentary and Criticism
If you are commenting upon or critiquing a copyrighted work — for instance, writing a book review — fair use principles allow you to reproduce some of the work to achieve your purposes. Some examples of commentary and criticism include:
- quoting a few lines from a Bob Dylan song in a music review
- summarizing and quoting from a medical article on prostate cancer in a news report
- copying a few paragraphs from a news article for use by a teacher or student in a lesson, or
- copying a portion of a Sports Illustrated magazine article for use in a related court case.
The underlying rationale of this rule is that the public reaps benefits from your review, which is enhanced by including some of the copyrighted material. Additional examples of commentary or criticism are provided in the examples of fair use cases.
A parody is a work that ridicules another, usually well-known work, by imitating it in a comic way. Judges understand that, by its nature, parody demands some taking from the original work being parodied. Unlike other forms of fair use, a fairly extensive use of the original work is permitted in a parody in order to “conjure up” the original.