The bane of copyright

Over at the OCA Photography forum students and tutors are discussing the legality of posting copyright photos to student blogs such as this.  At least one participant has staked out a rather extreme position, that any such work may not be posted without permission.  Intuitively this seems ridiculous.  The intent of the bloggers is not to infringe, but to illustrate and document the process of learning.  The audience for the blogs seem to be limited to a handful of classmates, perhaps a family member or two, and the tutor.  

The best post to the discussion cited a relevant section of the UK law regarding review and criticism, which is precisely what we do on these blogs.  I recopy it here to document my understanding of the law and to establish my intention in using copyright material in this blog.


From UK Copyright Service:

Criticism or review

Quoting parts of a work for the purpose of criticism or review is permitted provided that:

• The work has been made available to the public.
• The source of the material is acknowledged.
• The material quoted must be accompanied by some actual discussion or assessment (to warrant the criticism or review classification).
• The amount of the material quoted is no more than is necessary for the purpose of the review.

http://www.copyrightservice.co.uk/copyright/p27_work_of_others



From US Copyright Office:

§ 107 . Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— 

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

http://www.copyright.gov/title17/92chap1.html#107

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