Fair use

From binaryoption
Jump to navigation Jump to search
Баннер1
  1. Fair Use

Fair use is a legal doctrine that permits limited use of copyrighted material without requiring permission from the rights holders. It's a critical concept for wikis like this one, as it allows us to illustrate articles with relevant images, quotes, and other copyrighted works for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. However, understanding fair use isn’t simple – it involves a careful balancing act and isn’t a blanket exemption from copyright law. This article will provide a comprehensive overview of fair use, specifically as it applies to a collaborative online encyclopedia like ours.

Understanding Copyright Basics

Before diving into fair use, it's crucial to understand the fundamentals of Copyright law. Copyright is a form of legal protection granted to the creators of original works of authorship, including literary, dramatic, musical, and certain other intellectual works. This protection gives copyright holders exclusive rights to control how their work is used, including the right to reproduce, distribute, display, and create derivative works.

Copyright protection isn’t absolute. It has limitations, and fair use is one of the most important of those limitations. It's important to note that copyright exists from the moment a work is created in a fixed tangible form – it doesn't need to be registered to be protected, although registration provides certain benefits. Understanding concepts like Public domain is also essential, as works in the public domain are not protected by copyright and can be used freely.

The Four Factors of Fair Use

Determining whether a particular use of copyrighted material qualifies as fair use is a fact-specific inquiry. U.S. law (Section 107 of the Copyright Act) outlines four factors that courts consider when assessing fair use. These factors are weighed against each other; no single factor is determinative.

1. The Purpose and Character of the Use

This is often considered the most important factor. The courts will look at whether the use is “transformative.” A transformative use adds something new, with a further purpose or different character, altering the original with new expression, meaning, or message. Merely copying an original work is *not* transformative.

  • Non-profit Educational Purposes: Uses for non-commercial educational purposes are more likely to be considered fair use. This wiki, being a non-profit educational resource, benefits from this consideration.
  • Criticism, Comment, News Reporting, Teaching, Scholarship, or Research: These purposes are explicitly mentioned in the law as examples of fair use. Using a copyrighted image to illustrate a critical analysis of that image, or quoting from a book in a scholarly article, would be examples.
  • Parody: Parody, which imitates a work for comedic effect, can be considered fair use, but the parody must target the original work itself, not simply use it as a backdrop.
  • Transformative Use Examples: Using a screenshot of a video game to illustrate a discussion of its graphics, or using a snippet of a song to analyze its musical structure, are potentially transformative uses.

2. The Nature of the Copyrighted Work

This factor considers the type of copyrighted work being used.

  • Factual vs. Creative Works: Fair use is more likely to be found when using factual works (e.g., news articles, historical documents) than creative works (e.g., novels, songs, paintings). Factual works are generally considered to have less artistic merit and are more readily available for commentary and analysis.
  • Published vs. Unpublished Works: Using a published work is more likely to be considered fair use than using an unpublished work. Copyright holders have a stronger right to control the first public appearance of their work.
  • Consider the Originality: Highly original and creative works receive greater copyright protection.

3. The Amount and Substantiality of the Portion Used

This factor examines how much of the copyrighted work is being used in relation to the whole.

  • Quantitative vs. Qualitative: It's not just about the *amount* used (quantitative), but also the *importance* of the portion used (qualitative). Taking the "heart" of a work – its most recognizable or essential part – is less likely to be considered fair use, even if it's a small portion.
  • Rule of Thumb (Not a Guarantee): There's no hard-and-fast rule, but using only as much of the copyrighted work as is necessary to achieve the transformative purpose is crucial. For images, using a low-resolution version is often preferable.
  • Context Matters: Using a single sentence from a lengthy book might be fair use, while using an entire chapter would likely not be.

4. The Effect of the Use Upon the Potential Market for or Value of the Copyrighted Work

This factor considers whether the use harms the copyright holder's ability to profit from their work.

  • Market Harm: If the use acts as a substitute for the original work, it's more likely to be considered copyright infringement. For example, posting a full copy of a book online would likely harm the market for the book.
  • Non-Competition: If the use doesn't compete with the original work and doesn't diminish its value, it's less likely to be considered infringement. Using a copyrighted image in a critical review of the image is unlikely to harm the market for the image.
  • Transformative Use and Market Harm: A highly transformative use is less likely to cause market harm, as it creates something new and different.

Fair Use on This Wiki: Practical Guidelines

Considering these four factors, here are some guidelines for using copyrighted material on this wiki:

  • Images: Use images only when they directly support the educational purpose of the article. Use low-resolution images whenever possible. Provide a clear rationale for why the image is necessary and how it fulfills the fair use criteria. Include a fair use rationale template (see below). Avoid using images solely for decorative purposes. Link to the source of the image. Consider utilizing Wikimedia Commons for freely licensed images.
  • Text: Limit quotations to short excerpts that are essential to illustrate a point. Always attribute the source of the quotation. Use quotations for critical analysis, commentary, or historical context. Avoid copying large portions of text. Paraphrase whenever possible, still citing the original source.
  • Multimedia: The same principles apply to audio and video clips. Use only short excerpts that are necessary for educational purposes. Provide a clear rationale for the use.
  • Attribution: Always provide clear and accurate attribution for any copyrighted material used. This includes the author, title, publication date, and source.
  • Fair Use Rationale Template: When uploading copyrighted material, you *must* complete a fair use rationale template. This template requires you to explain how the use meets the four factors of fair use. It's a crucial step in demonstrating good faith and avoiding copyright infringement. The template can be found at Wikipedia:Fair use rationale template.

Examples of Fair Use in Practice

  • Using a movie poster to illustrate an article about the film: This is generally considered fair use, as the image is used for identification and commentary.
  • Quoting a passage from a novel to analyze the author's writing style: This is fair use as it’s a transformative use for scholarly purposes.
  • Including a screenshot of a software program to demonstrate its features: This is fair use for educational purposes.
  • Using a news photograph to report on a current event: This is fair use under the news reporting exception.

What is *Not* Fair Use?

  • Simply copying and pasting an entire article from another website: This is copyright infringement.
  • Downloading a copyrighted song and uploading it to the wiki: This is copyright infringement.
  • Using a copyrighted image without providing a fair use rationale: This is risky and could lead to legal issues.
  • Using copyrighted material for commercial purposes: This is generally not considered fair use.

Risk and Disclaimer

Even with careful consideration of the four factors, determining fair use can be subjective. There is always a risk of legal challenge, although this wiki operates under good faith and strives to comply with copyright law. This information is for educational purposes only and should not be considered legal advice. If you are unsure whether a particular use qualifies as fair use, it's best to err on the side of caution and seek legal counsel. Administrators and experienced editors can also provide guidance. Remember, this wiki relies on the good faith of its contributors to respect copyright laws. Violating copyright law can lead to the removal of content and potential legal consequences. Understanding Derivative works and their copyright implications is also vital.

Tools and Resources

Strategies for Minimizing Copyright Risk

  • **Prioritize Free Content:** Always look for freely licensed images and text before using copyrighted material.
  • **Use Low-Resolution Images:** Reduce the file size and resolution of images to minimize potential market harm.
  • **Transformative Use:** Focus on using copyrighted material in ways that add new meaning or expression.
  • **Complete the Fair Use Rationale:** Thoroughly explain your reasoning for each use of copyrighted material.
  • **Seek Guidance:** Consult with experienced editors or administrators if you have any doubts.
  • **Understand Licensing:** Familiarize yourself with different types of licenses, such as GNU Free Documentation License.
  • **Stay Updated:** Copyright law is constantly evolving, so stay informed about changes and updates.

Technical Analysis and Copyright Considerations

When including charts or data visualizations in articles related to Technical Analysis, be mindful of the source's copyright. Data itself is generally not copyrightable, but the *presentation* of data in a chart or graph can be. If the chart is created by you using publicly available data, it's generally safe. However, if you're using a chart created by someone else, you need to consider fair use or obtain permission. Specifically related to financial market analysis, remember:

  • **Candlestick Charts:** While the individual candlesticks represent market data, the specific arrangement and visual style can be copyrighted.
  • **Indicator Plots:** Indicators like Moving Averages, MACD, RSI, Bollinger Bands, Fibonacci retracements, and Ichimoku Cloud themselves are mathematical formulas, not copyrightable. However, the visual representation of these indicators on a chart might be.
  • **Trendlines and Patterns:** Identifying Head and Shoulders patterns, Double Tops/Bottoms, and other chart patterns is analytical work, not copyrightable.
  • **News Sentiment Analysis:** Using news headlines or articles to illustrate market sentiment requires careful consideration of fair use, limiting quotations and providing attribution.
  • **Economic Indicators:** Data from sources like the Bureau of Economic Analysis is generally public domain, but visualizations of that data may require fair use consideration.
  • **Correlation Analysis:** Presenting correlation data between assets requires careful attribution of the data source.
  • **Volatility Analysis:** Using volatility indicators like ATR requires proper sourcing of the data.
  • **Volume Analysis:** Analyzing trading volume requires careful consideration of data source copyright.
  • **Support and Resistance Levels:** Identifying support and resistance levels is analytical work, not copyrightable.
  • **Breakout Strategies:** Illustrating breakout strategies with charts may require fair use consideration.
  • **Day Trading Strategies:** Demonstrating day trading strategies with charts may require fair use consideration.
  • **Swing Trading Strategies:** Demonstrating swing trading strategies with charts may require fair use consideration.
  • **Position Trading Strategies:** Demonstrating position trading strategies with charts may require fair use consideration.
  • **Scalping Strategies:** Demonstrating scalping strategies with charts may require fair use consideration.
  • **Algorithmic Trading:** Illustrating algorithmic trading results with charts may require fair use consideration.
  • **Backtesting Results:** Presenting backtesting results with charts may require fair use consideration.
  • **Market Depth Analysis:** Visualizing market depth requires careful consideration of data source copyright.
  • **Order Flow Analysis:** Illustrating order flow data requires careful consideration of data source copyright.
  • **Heatmaps:** Using heatmaps to visualize market data requires careful consideration of the source.
  • **Correlation Matrices:** Presenting correlation matrices requires careful attribution of the data source.
  • **Sector Rotation Analysis:** Illustrating sector rotation with charts may require fair use consideration.
  • **Inflation Analysis:** Presenting inflation data requires careful attribution of the data source.

Further Reading

Start Trading Now

Sign up at IQ Option (Minimum deposit $10) Open an account at Pocket Option (Minimum deposit $5)

Join Our Community

Subscribe to our Telegram channel @strategybin to receive: ✓ Daily trading signals ✓ Exclusive strategy analysis ✓ Market trend alerts ✓ Educational materials for beginners

Баннер
Retrieved from "https://binaryoption.wiki/index.php?title=Fair_use&oldid=41197"