Questions tagged [fair-use]

An exception to the limitations that can be imposed by a copyright owner. A similar concept in the U.K. and other commonwealth jurisdictions is called "fair dealing."

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Can I use clips of another show I created in my own feature film?

The opening scene of my film is of a out-of-work TV writer, explaining his background to two TV network commissioners, where he plays a brief clip (2 seconds) of a sitcom pilot that he created. The ...
2 votes
1 answer
225 views

Using quotes in a text you publish under creative commons

Fair use allows quoting other texts (or images) as part of your text, but how does this interact with you publishing the work under a creative commons license that allows derivatives.
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Is it Fair when a Use might affect “the potential market for or value of the copyrighted work” only in conjunction with other material?

Fair Use in the United States depends upon four factors: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the ...
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What are the "fair use" implications of using someone's personal story in a political campaign without their permission?

After the State of the Union address, Senator Katie Britt told a story about a woman's being (sex) "trafficked" in a rebuttal. Let's say that the facts were accurate in isolation, but it had ...
0 votes
2 answers
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Legality of AI vocals from royalty-free music

I'm a fairly new music producer, and one of the inherent problems with it is that it means you have to do all the work yourself: sound design, any vocals, mixing, and mastering. There's quite a few ...
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1 answer
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Are people's face/voice copyrighted by default?

As you may know there are some AI apps that can clone anybody's voice (turn your voice to their voice), or there are some face swap apps you can replace your face with somebody else's face and make a ...
1 vote
0 answers
243 views

Can YouTube videos count as non-commercial and/or educational for the purpose of fair use?

One of the factors courts consider when determining when use of copyrighted material falls under fair use is whether the use is for “nonprofit educational purposes”. Now, some claim or assume that ...
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1 answer
212 views

Selling Reading Guides For Novels

Can I create and sell reading guides for novels on teacher resource sites such as Teacher Pay Teacher without getting into copyright issues. I would, of course credit, the author for all of the book ...
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1 answer
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Publish a vocabulary list from a Korean Comic

I'm learning Korean through comics. So everytime I read a chapter, I always make an extensive vocabulary list containing an English translation for each Korean word in that chapter. My question is: ...
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2 answers
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May I write a novel based on another novel?

Like if I want to write a book series about Harry Potter character Rita Skeeter's life, may I do it? I always hear that this isn't allowed. But as far as I know some people have written a book about ...
5 votes
1 answer
119 views

Do we know if using computer games to make CGI for history youtubes is fair use?

Many people make youtube history documentaries using recent closed source computer games to make the graphics. This involves playing the game as released, and using the gameplay graphics to explain ...
4 votes
1 answer
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is it legal to monetize a translation of a foreign song

Suppose I find a copyright-protected song that has not been released in English. Could I release and monetize an English translation/interpretation of this song? Is it possible to copyright my ...
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1 answer
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Legal status of training image-to-image style transfer model

A image-to-image style transfer is a machine learning model designed to change the art style of a image by providing a "source" image and the desired image to change the style. However, a ...
11 votes
2 answers
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What is the legality of using copyrighted DnD monsters in personal writing?

So, I'm an artist and a writer. I also happen to be very into Dungeons & Dragons. I have made dozens of story ideas in my head, but still have yet to fully write any out. However, there is one ...
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1 answer
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Using some reference photos from 1970s textbooks on a non-profit educational website with reference [closed]

I have a book from the 70s which contains some images of art from museums that I'd like to use on an online article for the purposes of discussion/education. For a more concrete example, imagine ...
2 votes
2 answers
336 views

Is it legal to only copy all the words from a dictionary?

I am dealing with a language that has only one published physical dictionary so far. I need a list of all words from that language. The dictionary has a traditional copyright text: All rights ...
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3 answers
203 views

At what point is using a song's instrumental considered fair use?

Let's say someone want to make a song using the instrumental of Just the two of us by Grover Washington... Maybe half the song is humorous about the bad and good parts of a relationship..but the other ...
0 votes
1 answer
100 views

Can I publish a novel based on a viral tiktok? [duplicate]

Scrolling through tiktok I came across a video . And it sparked an idea for a holiday romance. In the tiktok a daughter explains a tradition her mom has and how it’s evolved over the years. Can I ...
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1 answer
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Is a private individual shopping for personal goods from companies "non-commercial"?

Suppose Alice is interested in buying something for her personal use, completely unrelated to her work or making money. She investigates the products produced by Bob Inc. and Charlie Corp., both for-...
3 votes
3 answers
258 views

Copyright risks for code contributed by generative AI

Suppose a company is developing software, and an engineer/coder uses some code generated by Code LLaMA or some similar generative AI. Microsoft has brought out copilot, which does a similar thing and ...
2 votes
2 answers
147 views

Is it fair use to include unpurchased media in a website that is still under development?

When a new website is being built for a client, it often begins as a "development" site that uses one or more methods to make sure that it is not accessible by normal and customary means. ...
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Copyright and Fair use: Logos [duplicate]

Some companies have written articles about my website. Many of the articles were also interviews. My question is - can I use the Logos of the companies on my website under the "fair use" ...
1 vote
1 answer
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Is it fair use of copyright to create and distribute a simulation model from a copyrighted schematic?

Let's say if company A developed an electronic product. A published the product's datasheet on its website free to the public, copyright of the datasheet is owned by A. One part of the datasheet is ...
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1 answer
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Does the UK time-shifting exception to copyright allow viewing beyond the end of a subscription period?

On the UK government page on Exceptions to copyright the time-shifting exception is described as: A recording of a broadcast can be made in domestic premises for private and domestic use to enable it ...
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What countries don't have fair use in copyright law?

I know that Japan is one of these countries without fair use, are there any others?
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1 answer
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Why are authors suing Meta and OpenAI instead of Shawn Presser for copyright infringement?

Various authors are suing OpenAI and Meta for alleged copyright infringement in using the authors' works to train the companies' large language models (LLMs). My understanding is that OpenAI has ...
1 vote
1 answer
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Can I use whole poems from classic writers in my book?

I'm writing a non technical book and would like to add a poem in one of my chapters to emphasize an idea. Any work published before 1924 should be safe to use, but since copyright law is just full of ...
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Does the UK text and data mining exception to copyright allow non-commercial projects free use of anything on the internet to train their models?

On the UK government page on Exceptions to copyright the text and data mining exception is described as: Text and data mining is the use of automated analytical techniques to analyse text and data ...
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1 answer
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Fair use vs Photo of Convicted Criminal

Imagine writing an article about a convicted criminal, only to discover that there are no photos of the individual that are in the public domain. You find a couple photos in magazines, but your ...
1 vote
1 answer
274 views

Are fan games legal?

"Fan games" are video games made by fans using a popular intellectual property, without license. Are they protected by "fair use" or are the IP holders just allowing it?
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2 answers
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Can I make an intermediate copy of an entire work for the purpose of enabling me to criticize it?

A recent question asked about the practice of transcribing music for hire. Say I would like to publish a critical analysis of a song. In the process of preparing this analysis I need to actually ...
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1 answer
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Fair use question relating to copyright law [duplicate]

Good day. I currently work in the publishing field, but have a unique inquiry regarding fair use related to copyright law; I am interested in launching an executive summary service to assist busy ...
2 votes
3 answers
157 views

Is using a copyrighted image/video in a school assignment considered "fair use"? [duplicate]

In the majority of classes I've taken in middle/highschool, when making a slideshow, poster, or some other kind of visual presentation, teachers often remind students that they should not be using ...
7 votes
1 answer
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Can I share a copy of Adobe Standalone Flash Player?

As you all know by now, Flash is dead. However, people still want to play flash games. People used to be able to download the standalone adobe flash player to keep playing games flash games, but ...
5 votes
2 answers
267 views

Would reproducing a game for a school class fall within fair use?

For a game development/software engineering course that I am designing (in the public schools), I would like the final course activity to involve creating a game as a whole class over a long period. ...
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3 answers
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If I am sure that I have an argument for fair use, can I use shadowed silhouettes of copyright or trademark characters on the cover of my book? [closed]

I have a very specific idea for a book cover that involves using shadow silhouettes of copyrighted/trademarked characters. It is a non-fiction book about character arcs. The title and cover of the ...
2 votes
1 answer
99 views

Would using individual sentences from news articles for a language learning app be considered fair use?

Suppose a commercial language learning app displays a single sentence at a time to a user, with the purpose of reviewing the sentence to learn new words. In order to get examples of natural sentences ...
-3 votes
2 answers
213 views

Hackintosh vs. fair use

Note: Cross-posted from SE SuperUser to get thoughts from legal experts here. Follow up question to Revisit the Hackintosh policy. Use case: I create a userscript (in a [licenced] Windows or a Linux)...
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1 answer
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Legality of using book covers from Google Books API on a website

Under US copyright law, is it legal to download images of book covers from the Google Books API and display them on my website? The purpose pertains to obtaining product images for an online store ...
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1 answer
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Can a song be used in a presentation for work?

Does it fall under that Fair Use Act of 1976 to include a song as the intro to a presentation for work if the presentation is being given for educational/teaching purposes?
18 votes
1 answer
2k views

Is it illegal for a firm to train an AI model on a CC BY-SA 4.0 corpus and make a commercial use of it without distributing the model under CC BY-SA?

https://meta.stackexchange.com/q/388551/178179 mentions that SE will force some firms to pay to be allowed to train an AI model on the SE data dump (CC BY-SA licensed) and make a commercial use of it ...
1 vote
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For a work to be considered "transformative" under fair use, does the "new expression, meaning or message" have to be about the original work?

One of the four factors used to determine whether use of copyrighted material is considered fair use is "the purpose and character of the use." The essence of this factor seems to be "...
0 votes
2 answers
102 views

Can I use text or ideas from Youtube Comments in a book or online work?

I recently ran into an interesting back and forth between quite a few people in youtube comments, and it was the topic I'm interested in writing about: whether it would be a book or just post it ...
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1 answer
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What legal questions must be answered to determine the international copyright status of generated art?

Below is my best understanding of how art is generated by machine learning. I understand that the copyright ownership of the final product and any infringement in the process is currently an open ...
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1 answer
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Can I use footage from House.gov in a (mostly) free web application?

Right now, I am working on an information service website relating to political offices in the U.S. This is something I'm working on in my own time, not for a company. But, I would like to potentially ...
5 votes
1 answer
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Why does Japanese entertainment make such backhanded references to brands (e.g. WcDonalds instead of McDonalds)?

There's tons of examples. To name a few: MgRonald's and Sentucky Fried Chicken (instead of McDonald's and KFC) in Hataraku Maou-sama Attack Family (instead of Smash Brothers) in Jaku Kyara Tomozaki-...
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1 answer
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Can a researcher use YouTube videos to train a ML model?

Manually migrating this from here because the answers were unsatisfactory: https://datascience.stackexchange.com/questions/26079/is-it-legal-to-scrape-youtube-videos-for-training-data Can a machine ...
2 votes
3 answers
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Is the Wilhelm scream copyrighted?

The Wilhelm scream originated in a 1951 movie called Distant Drums. Since then, it has become a ubiquitous sound effect used in countless movies, TV shows, and video games. It seems to me that a movie ...
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1 answer
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Determining Fair Use of Images in an Online Encyclopedia

Background Fair use hinges on four factors, which are then weighed by judges: Purpose and Character of the Use Nature of the Copyrighted Work Amount of Copyrighted Work Used Effect of the Use on ...
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1 answer
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Take part of a song slow it down a bit and put it on a loop

Lets say someone hypothetically took the beginning part of a song and slowed it down a bit and put it on a loop for 3 min.. In this scenario the original song was copyrighted. Would this be copyright ...

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