What is Copyright? - Page 3

The four factors (purpose, nature, amount, and effect) must be evaluated together to determine if the use of a copyrighted work is fair use. An understanding of these factors is essential to avoid liability for copyright infringement.

1. The first factor favors nonprofit educational purposes.
   
2. The second factor looks at the nature of the copyrighted work. The courts usually favor nonfiction over fiction and published works over unpublished ones.
   
3. Amount and substantiality are difficult to gauge. According to the Copyright Office, "there is no specific number of words, lines, or notes that may be safely taken without permission." Generally, excerpts are favored over entire works. Be aware that in some cases, a small portion could capture the heart or essence of a work and be considered infringement. This is an important note for flash designers to remember.
   
4. Finally, the fourth factor is considered by some courts to be the most important one. It examines the effect copying has on the market for a copyrighted work. Should the user have purchased the copyrighted work? Will the copying damage the market for the copyrighted work?
   

This is where the law gets tricky. What constitutes fair use? It is however safe bet that any creative work that is used for commercial purposes that is substantially duplicated for use in a similar market will be seen as illegal.

To help define what is acceptable fair use, the Copyright Office offers the following examples: The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use:

Source: U.S. Copyright Office. In Answer to Your Query: Fair Use. Publication FL 102, 1994.

Now lets look at how this applys to Flash and Designers.