Photo Repo-Photographer's DIY guide to getting paid for copyright infringements Photo Repo-Photographer's DIY guide to getting paid for copyright infringements
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Photo Repo-Photographer's DIY guide to getting paid for copyright infringements
  • January 26, 2020

Fair Use Explained (Part 5)—Factor 4: The effect of the use upon the potential market for or value of the copyrighted work

Of the four factors in a Fair Use defense, Factor 4 is the most easy to understand, and it is the second most important after Factor 1. Did the unauthorized use of the copyrighted work diminish the copyright holder’s ability to make money from the work? This could happen because the unauthorized use ruined the […]

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  • January 15, 2020

Fair Use Explained (Part 4)–Factor 3: The amount and substantiality of the portion used in relation to the copyrighted work as a whole

Factor 3, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, addresses how much of a copyrighted work was copied? If you included excerpts from an existing book in your new book, did you use a paragraph? a page? a chapter? multiple chapters? The larger the portion […]

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  • December 31, 2019

Fair Use Explained (Part 3): Factor 2—The nature of the copyrighted work

The nature of the copyrighted work factor analyzes whether or not the copyrighted work is fact or fiction (factual versus creative in regard to photographs) or well-known versus obscure or unpublished. To understand this factor you must understand two things: 1) copyright law was enacted to protect creative works, and 2) facts by themselves cannot […]

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  • December 23, 2019

Fair Use Explained (Part 2): Factor 1—The Purpose and Character of Use

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes The first factor is considered the most important of the four Fair Use factors, with more emphasis now put on the purpose and character of the use rather than its commerciality. But what […]

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  • December 12, 2019

Fair Use Explained And How It Pertains To Photographers (Part 1)

Fair Use is part of Title 17 and is outlined in Section 107. It allows a copyrighted work to be used in certain circumstances without permission from the copyright owner. The idea behind Fair Use is to nurture the creation of new works, some of which may need to borrow from existing works. For example, […]

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Recent Posts

  • March 6, 2020

My Second Copyright Infringement Lawsuit Settles Out-of-Court

  • January 26, 2020

Fair Use Explained (Part 5)—Factor 4: The effect of the use upon the potential market for or value of the copyrighted work

  • January 15, 2020

Fair Use Explained (Part 4)–Factor 3: The amount and substantiality of the portion used in relation to the copyrighted work as a whole

  • December 31, 2019

Fair Use Explained (Part 3): Factor 2—The nature of the copyrighted work

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