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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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34 votes
7 answers
9k views

Can "Dumb Starbucks" be legally considered Fair Use as satire or parody?

About a year ago, a new, familiar-looking coffee shop opened in LA. Their reasoning for this was, basically, that it's making fun of the popular coffeehouse chain and is thus fair use: Naturally, it ...
fstanis's user avatar
  • 507
19 votes
2 answers
7k views

Is it legal to download and run pirated abandonware because I'm curious about the software?

Is downloading Windows 95 and running it just because I'm curious about it legal? Purpose and character of the use: it's noncommercial, and I am doing it to learn about the software, but I'm not sure ...
Someone's user avatar
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19 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 ...
Franck Dernoncourt's user avatar
15 votes
1 answer
2k views

Is WINE illegal?

Is WINE (WINE Is Not an Emulator) illegal? Given that the U.S. Court of Appeals for the Federal Circuit has held in Oracle v. Google that APIs are copyrightable, is WINE (which reproduces the Windows ...
user avatar
14 votes
2 answers
5k views

Can a wiki for a video game be created without authorization from the game creator?

Consider someone wants to create a wiki (user-editable community site) for Heroes of the Storm. The creator of a wiki site is not necessarily the author of any substantive content on the site, but ...
user avatar
13 votes
1 answer
3k views

In the US, when is fair use a defense to copyright infringement?

What is fair use in the US? When would it be a successful defense to copyright infringement?
user avatar
11 votes
2 answers
4k views

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 ...
A_Fluffy_Mugcake's user avatar
10 votes
4 answers
10k views

D&D Monsters and Copyright

We are making a college board game, and would like to know if we can use a few monsters from dnd to make our game. We don't use the same name as you do, just the images from online and the books.
Louis Lunn's user avatar
10 votes
3 answers
2k views

Fair Use and DMCA [closed]

My project (EditVideoBot) is an automated 'Twitter bot' program that allows users to edit videos within Twitter (they can add music to the video, or their own text, etc). My first account I ran this ...
pigeonburger's user avatar
10 votes
1 answer
2k views

Fair Use of Photos as a Derivative Work

This question comes specifically from a particular example. Within Ethics for the Information Age (Quinn), 5th Edition, there is a chapter on Intellectual Property, and while most of it is well-...
Seymour Guado's user avatar
10 votes
1 answer
160 views

Fair use of text snippets in a dictionary

If a dictionary (about the use of scientific terminology) includes snippets from several sources, would an authorization be needed from each copyright holder? Each entry in the dictionary would ...
Jason Waismann's user avatar
8 votes
3 answers
492 views

Is there a fair use exception for trademarks?

The copyright law has the famous fair-use exception, where you can legally use some parts of copyrighted works without having to pay any royalties to, or ask any permission from, the copyright holder. ...
cnst's user avatar
  • 5,058
8 votes
3 answers
3k views

Do search engines need permission to start searching?

I was talking to my friends a few days ago about search engines and we started discussing whether or not they need permission from websites to crawl them. I looked this one up and it said on Quora ...
user avatar
7 votes
3 answers
6k views

Can humming a bar of music be considered copyright infringement?

I recently saw a tweet claiming a video got a DMCA claim based on humming a part of a song. Can uploading a (monetized) video of humming a bar or two of copyrighted music be considered as copyright ...
ylem's user avatar
  • 179
7 votes
1 answer
5k views

Is this copyright infringement? Is it fair use? What if I don't make any money off it?

If someone were hypothetically working on a project that required them to incorporate copies of a copyrighted work (music, movies, books, etc.), how would they know if it would be considered fair use? ...
7 votes
1 answer
1k views

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 ...
Some Guy's user avatar
  • 505
7 votes
1 answer
613 views

Can I release someone else's work under Creative Commons or some other license, if it's fair use?

Let's say a website has some content. You can take a small amount, what would usually constitute fair use, and incorporate it into a larger work. You know put this under a Creative Commons license or ...
Christopher King's user avatar
7 votes
1 answer
376 views

Is it legal include an image from Wikipedia into a lead-generating e-book?

I'm writing an e-book, which is supposed to generate leads in the following way: People visit my landing page. There, they see a text like "Enter your e-mail address and get this e-book for free". ...
Glory to Russia's user avatar
7 votes
1 answer
788 views

What is the equivalent to "fair use" in Europe?

I'm preparing to publish an open source library. In order to research local law, I wanted to know if there is an equivalent term for the USA "fair use" in European law?
bad_coder's user avatar
  • 181
7 votes
1 answer
4k views

Who owns copyright of video gameplay captures?

There are many videos on Youtube and it doesn't seem they are being removed, so one might conclude that they do not infringe copyright of the game publisher. But it could also be that for copyright ...
gaazkam's user avatar
  • 377
7 votes
2 answers
1k views

Can I sell my notes on a book without copyright infringment?

I read a machine learning book. I invested a lot of time to make extensive and clear notes. Some concepts required a lot of research to understand. I have explained some concepts in my own way. ...
user1201's user avatar
6 votes
3 answers
3k views

Is the source important for fair use?

So let's say I am a game developer, and somehow the game I was working on was leaked on the internet. Since nobody can legally obtain a copy of my game, can all the review of the leaked material be ...
Sir Jobo's user avatar
  • 231
6 votes
2 answers
2k views

Is it "fair use" to summarize a movie?

Could I take about, say, 15 minutes of clips from a movie to use as a visual (and perhaps using some audio) along with my originally written and voiced movie summary? Would the resulting work be ...
LegalNewbie's user avatar
6 votes
1 answer
2k views

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?
Wesley Musgrove's user avatar
6 votes
2 answers
544 views

Can I use modified version of Apple, Android, Windows, and Blackberry logos in commercial advertising to show compatibility?

I am making and commercially reproducing a script that would show textual advertisements based on a user's device. I want to, beside the text, have an icon showing the device in order to show ...
scorgn's user avatar
  • 163
6 votes
1 answer
219 views

Is it legal to republish lyrics?

Can a lyrics web site be legal, assuming there are no special agreements with the artists? Is publishing song lyrics considered "fair use?"
Farsk Eown's user avatar
5 votes
2 answers
2k views

Is taking screenshots and printing pages out considered fair use, in most cases?

Making a copy of anything could be considered copyright infringement, but what if it is for personal use rather than for distribution? Suppose I print out or take a screenshot of a webpage or a ...
joseph-parsons's user avatar
5 votes
2 answers
372 views

Could I infringe a copyright if I use content available for free online?

I made a video and uploaded it to YouTube. I created the video, but I attached an audio track I found online for free. How do I know if I am allowed to use this audio in this way? If I pay for ...
Happy Face's user avatar
5 votes
2 answers
1k views

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 ...
Amelie B. Blackstone's user avatar
5 votes
1 answer
919 views

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-...
chausies's user avatar
  • 4,055
5 votes
2 answers
1k views

Is "cheating" in offline, single-player games illegal?

I understand there are laws like the Circumvention of Technological Measure (CTM), Computer Fraud and Abuse Act (CFAA), Digital Millennium Copyright Act (DMCA). According to these laws it's considered ...
Jack's user avatar
  • 61
5 votes
3 answers
4k views

Is it illegal in the EU / in Germany to download a scientific e-book?

Suppose there's a scientific monograph I really want to read but don't want to buy. I find an e-book on some website (where it is accessible to the public without restrictions) and download it. I don'...
Allure's user avatar
  • 2,905
5 votes
1 answer
4k views

Is using font on a business card considered commercial use?

I'm currently designing a business card for a client and looking for an applicable font. A lot of these fonts are marked with some sort of payment required for commercial use. While I don't plan to ...
meed96's user avatar
  • 153
5 votes
1 answer
239 views

Would I be violating copyright by transcribing music that was written over 100 years ago, but published in 1992?

A particular set of piano rolls were recorded before 1913, but to my knowledge were not published until 1989. The recordings are piano transcriptions of symphonic works, performed by their composer/...
rj_26417's user avatar
5 votes
1 answer
124 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 ...
User65535's user avatar
  • 6,864
5 votes
1 answer
1k views

Is it allowed to sell 3D models of existing brands?

Case: I make 3D models for architecture. Now I made a bundle of IKEA furniture to use in my interior scenes. I do this for clients to give them a visual representation of what a room can be. Because ...
S.Visser's user avatar
  • 159
5 votes
2 answers
275 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. ...
Ben I.'s user avatar
  • 325
4 votes
4 answers
282 views

Is it fair use to discuss a fictional work on a webpage?

On my for-profit website, users can rate and comment on works of literature, film, and music, most of which are copyrighted. The only information I include is: 1.) Title 2.) Release date 3.) MPAA ...
Jeff Caros's user avatar
4 votes
1 answer
159 views

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 ...
chris's user avatar
  • 41
4 votes
2 answers
2k views

Personal copying of source code from a programming book

Many books on computer programming publish source code listings and example programs as part of the printed book to demonstrate some aspect of the language. When I'm learning from such books, I ...
Brandin's user avatar
  • 136
4 votes
1 answer
255 views

What is the practical difference between "fair use" and "fair dealing" in Copyright law?

In the united-states, fair-use is a defence to copyright infringement. In other jurisdictions, particularly members or ex-members of the British Commonwealth such as united-kingdom and australia ...
Dale M's user avatar
  • 211k
4 votes
3 answers
2k views

Why is a cover song not fair use? (But parody songs are?)

Considering fair use law, parody, transformative works: Weird Al always asks for permission for his parodies but many law professionals have stated he would not have to. Considering all this, why does ...
Opcode's user avatar
  • 141
4 votes
1 answer
75 views

Is it legal to duplicate illegally distributed materials, if being used for fair use purposes?

Suppose I wish to use copyrighted printed materials under fair use, and let's assume for the sake of argument that it is completely obvious that my usage correctly falls under fair use guidelines. As ...
Vultan's user avatar
  • 141
4 votes
2 answers
12k views

Can I use copyrighted media for strictly personal use?

I know copyright / author's rights definition. I read bunch of texts about them and I am also aware that, for example, there are a kind of tolerance on YouTube about uses of copyrighted media (ex: ...
RynnHeldeD's user avatar
4 votes
1 answer
521 views

Is it legal to record streaming video for time shifting?

In the UK there is an explicit exception to copyright for the purpose of time shifting: Details of the exceptions to copyright that allow limited use of copyright works without the permission of the ...
Dave's user avatar
  • 827
4 votes
1 answer
199 views

Is it legal to sell a 3d scan of a car in the USA?

Suppose someone were to provide high quality 3D scans of vehicles for the off-road industry. Would it be legal to sell these scans via an online marketplace? They would be either component, chassis, ...
kbel's user avatar
  • 41
4 votes
1 answer
1k views

Trading Card Database - Copyright Infringement or Fair Use?

I would like to create a text-only database for collectible trading card games. The database would contain card names, ability text, flavor text, etc. Images would not be included. This project would ...
skibulk's user avatar
  • 93
4 votes
3 answers
450 views

Is it legal for a company to require an extra software license for a backup?

I work for a company that has purchased a software license for software that is needed to make our company run smoothly. We'd like to create a backup of the server in case of hardware failure, however ...
bentup's user avatar
  • 41
4 votes
1 answer
3k views

Is it legal to use Youtube thumbnails on another website?

Let's say I have a website where each page has an embedded Youtube video, and there are also a list of this web pages, can this list display those video thumbnails as the image of the link to the page ...
marcanuy's user avatar
  • 149
3 votes
2 answers
377 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 ...
Kamil's user avatar
  • 163

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