Fair Use Notification & Request
SN Bose and SN Bose related images, videos and other content are available throughout the internet. Most of this content is used without permission, and often without a Fair Use. While we encourage education and sharing information about SN Bose, we strongly urge all publishers (in all forms, print, web, blog, video, etc) to inform us of your intent, and post a Fair Use statement on your publication.
Please submit your request via the form below. We will respond as soon as possible. In most cases no issue will be made of use if proper Fair Use attribution is made with the following text next to or near the content that is used.
© SN Bose Project used with permission.
Sample Fair Use Text: “The materials used in this [webpage, article, magazine, book, video] are adapted and used for educational purposes only. This transformation constitutes a 'fair use' of any such copyrighted material as provided for in Section 107 of the U.S. Copyright Law.”
Please submit your request via the form below. We will respond as soon as possible. In most cases no issue will be made of use if proper Fair Use attribution is made with the following text next to or near the content that is used.
© SN Bose Project used with permission.
Sample Fair Use Text: “The materials used in this [webpage, article, magazine, book, video] are adapted and used for educational purposes only. This transformation constitutes a 'fair use' of any such copyrighted material as provided for in Section 107 of the U.S. Copyright Law.”
Copyright Information
About Fair Use
Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use. Section 107 calls for consideration of the following four factors in evaluating a question of fair use:
- Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
- Nature of the copyrighted work: This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
- Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part—or the “heart”—of the work.
- Effect of the use upon the potential market for or value of the copyrighted work: Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.
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