Fair Skies, Fair Complexions, and the kind you show your Prize Pig At: What "Fair Use" means for a content-sharing world. Presentation on copyright and fair use basics for content creators and users.

1. Fair Skies, Fair Complexions, and
the Kind You Show Your Prize Pig
At: What "fair use" means for a
content-sharing world
by Tara M. Aaron, Esq.
Stites & Harbison, PLLC
Nashville, TN

2. Fair Use – Some Basics
► Wow. That girl's blog is so cool. How great that I
can just copy and paste that quote into my post?
► Did you see that photo in the New York Times
yesterday? That would look great on my website.
JUST BECAUSE IT‘S EASY, THAT DOESN‘T MEAN IT‘S
OKAY!
Tara Mooney Aaron - Fair Use

3. Fair Use – Some Basics
► Copyright subsists in original works of authorship
fixed in any tangible medium of expression
►17 USC § 102
Tara Mooney Aaron - Fair Use

4. Fair Use – Some Basics
► Works protected by copyright law:
 Literary works
 Musical works (with words)
 Dramatic works (with music)
 Pantomimes/choreographic works
 Pictorial, graphic and sculptural
 Motion pictures and audiovisual
 Sound recordings
 Architectural works
►17 USC § 102
Tara Mooney Aaron - Fair Use

5. Fair Use – Some Basics
► The owner of a copyright has the exclusive right to do
and to authorize any of the following:
 to reproduce the copyrighted work
 to prepare derivative works based on the
copyrighted work
 to distribute copies of the copyrighted work to the
public
 to perform the copyrighted work publicly
 to display the copyrighted work publicly
► 17 USC § 106
Tara Mooney Aaron - Fair Use

6. Fair Use – Some Basics
► What can happen in case of copyright
infringement?
 injunction 17 USC § 502
 impounding and destruction of infringing
articles 17 USC § 503
 damages and profits of infringer 17 USC § 504
 statutory damages of $750 to $30,000 if
infringement is non-willful, up to $150,000 if
willful 17 USC § 504
Tara Mooney Aaron - Fair Use

7. Fair Use – Some Basics
► There are four statutory factors according to 17 USC
§ 107 to determine whether there is fair use:
 purpose and character of the use, including whether use is
commercial or is for nonprofit educational
 nature of the copyrighted work
 amount and substantiality of portion used in relation to the
copyrighted work as a whole; and
 effect of the use upon potential market for or value of copyrighted
work

8. Fair Use – What Doesn’t Work

9. Fair Use – Some Basics
► If you use somebody else’s content, check the
following:
 public domain?
- facts, ideas not copyrightable
- protection term expired
 permission (license)?
 fair use?
 Linking vs. Copying
Tara Mooney Aaron - Fair Use

10. Facebook
►I want to post pictures I have taken on my own on
Facebook
 copyright notice?
 who is in the picture; did they give their
permission?
►beware of defamatory pictures!
Tara Mooney Aaron - Fair Use

11. Facebook
►Iwant to post text I have seen on a friend‘s blog
on my Facebook site
 copyright protection for the text
 fair use?
Tara Mooney Aaron - Fair Use

12. YouTube
► Thenew Arcade Fire video blew my mind
and I need to share it with my friends; can I
copy it with my Tivo from MTV and post in
on YouTube?
 copyright in music video
 fair use?
Tara Mooney Aaron - Fair Use

13. YouTube
► Can I create my own video using the original
music but creating a slideshow with pictures from
their last concert?
 license in original music?
 rights in pictures no problem if I have taken
them; but what if they are from my best friend?
Tara Mooney Aaron - Fair Use

14. Twitter
►I have just seen
Charlie S. stumbling
out of a bar and
getting into his car
with a fifteen year old
girl. #Winning! Can I
tweet about this?
Drinkin that #TigerBlood !!!
 Is the story true?
 What personality rights
does Charlie have?
Tara Mooney Aaron - Fair Use

15. Fan Sites
►I am a huge fan of Yeasayer. Can I create a
fansite on Facebook?
 personality rights of band members
 copyright in pictures and music
 true stories, rumors,...
Tara Mooney Aaron - Fair Use

16. Real Cases – You be the judge

17. Real Cases – You be the judge

18. Real Cases – You Be the Judge
BOOK SETTLEMENT

19. Questions
Tara M. Aaron, Esq.
tara.aaron@stites.com
(615) 782-2229