LibGuides: Scholarly Communications: Fair Use

Fair Use Infographic 2020 by Sketchlibrarian

Fair Use- Web Resources

Fair Use Evaluator
Provide you with a time-stamped, PDF document for your records, which could prove valuable, should you ever be asked by a copyright holder to provide your fair use evaluation and the data you used to support it.
Fair Use Check List
Fair Use Check list from the American Library Association
Is the 10 % Rule True?
Learn more about the 10% rule in this article.
More Information on Fair Use- Copyright.gov
Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances
The Law of Fair Use and the Illusion of Fair-Use Guidelines
Article Abstract

Obtaining Permission Resources

Asking For Permission - Columbia University Libraries
This page provides an overview of procedures for contacting and requesting permission from a copyright owner to use a copyrighted work. If you already know exactly what you want and are in communication with the copyright owner, you may go directly to one of the permission forms found at the end of this section.
Obtaining Permission for Images

Song Mashups - Stealing, Appropriating, and Subconsciously using.

Musician's Institute Library - Current Music Copyright Cases

Katy Perry’s ‘Dark Horse’ Copied Christian Rapper Flame, Jury Finds
The pop star and her songwriting team will owe yet unspecified damages

Wikipedia - My Sweet Lord
In 1976, Harrison was found to have subconsciously plagiarised the song, a verdict that had repercussions throughout the music industry. Rather than the Chiffons song, he said he used the out-of-copyright Christian hymn "Oh Happy Day" as his inspiration for the melody.

Kookaburra gets last laugh in Men At Work case
Men At Work have been ordered to pay 5 per cent of royalties for plagiarising part of their 1980s hit Down Under.

Beyonce: “Countdown” video and the art of stealing
"Beyonce’s appropriation of moves and staging from Belgian choreographer Anne Teresa de Keersmaeker in her new music video “Countdown,” released last month, has sparked an Internet uproar. "

What does Chris Stapleton have in common with Etta James, Van Morrison, and Otis Redding? Plenty.
Listen to “Tennessee Whiskey” and then listen to James’ “I’d Rather Go Blind.” Both songs have the 12/8 rhythmic meter, are in the key of A, and have a chord progression often found in classic gospel and soul music.

How to obtain permission

When you use someone else's work it is important to make sure that you cover all your permission bases. Even if you are using the material for educational use, it is best to ask for permission. Here are some steps to take when determining if you need permission.

Is permission needed?
Is the work copyrighted? Is it in the Public Domain, licensed under creative commons or listed on a copyright free site?
Who owns the copyright?
Find the creator or copyright holder of the work.
Identify the rights needed.
If the work is copyrighted, then you must ask for permission or pay for permission. If the work is licensed under Creative Commons, you must abide by those restrictions.
Start asking for permission as early as possible.
Many times, copyright owners do not respond very quickly to copyright inquiries. Do not wait until your project is due before asking for permission. Just because you haven't heard back from the copyright owner, doesn't mean you are in the clear.
Contact the owner and negotiate whether payment is required.
Get your permission agreement in writing.

What do I need when asking permission?	What else should I include?
Title of the source Creator/author of the material A description of the material you would like to use The page number(s) of the material (if appropriate) The ISBN or ISSN number Year of the publication and edition if applicable	1. The purpose of your use 2. Whether or not the use is for profit or not 3. How the item is to be reproduced 4. Where the item will appear 5. If you will distribute the work mechanically or digitally

What do I need when asking permission?

What else should I include?

Title of the source
Creator/author of the material
A description of the material you would like to use
The page number(s) of the material (if appropriate)
The ISBN or ISSN number
Year of the publication and edition if applicable

1. The purpose of your use

2. Whether or not the use is for profit or not

3. How the item is to be reproduced
4. Where the item will appear
5. If you will distribute the work mechanically or digitally

Artist Negotiations

Special Considerations

Retain a contract lawyer if possible
Secure everything in writing
Consider your rights as an artist, Who will retain the copyright
Royalties – How much will you be paid?
Ask how your work will be used

No Need to starve as an artist: Tips to Negotiating your label deal
LawGroup.biz by Amanda Butler Schley
July 12, 2020
Negotiating For Your Royalty Rights as an Indie Artist: What You Need to Know to Not Get Ripped Off
Sound Cannon Team, August 2020

The Hollywood Reporter. (January 11, 2019). Why Original 'Lion King' Writers Are Losing Out With This Year's Remake. Retrieved from https://www.hollywoodreporter.com/news/why-original-lion-king-writers-are-losing-years-remake-1174451

Vanity Fair. (January 11, 2019. Original Lion King Writers Might Not Get Credits, Residuals from the Remake. Retrieved from https://www.vanityfair.com/hollywood/2019/01/lion-king-remake-residuals-credits