Fair Use and Takedown Notice
What is Fair Use?
Disclaimer: Please note the following provisions have been paraphrased for expedience. The document in its entirety can be seen at http://www.copyright.gov
For further information please visit:
Electronic Frontier Foundation
Chilling Effects Clearinghouse
The term Fair Use describes the legal uses by which a piece of copyright protected content can be used by someone that is neither a copyright owner nor licensee. This becomes at times highly subjective, but by law:
Fair Use is determined on four basic principles:
1. the purpose and character of the use - it should be educational
2. the nature of the copyrighted work - it should be educational
3. the amount and the substantiality of the portion used – main or core attributes
should not be used.
4. the effect of the use on the potential market or value of the copyrighted work. -
not allowed if it hinders the potential market for the copyright holder.
What is a takedown notice?
A Takedown Notice (TDN) is a legal documentation used by copyright owners to inform service providers and the alleged copyright infringer that a piece of media (audio, video, still image, test) is infringing upon their right to ownership.
It includes as required by the DMCA(512)(c)(3)(a):
Elements of notification –
(a) Must be a written communication provided to the designated agent
(i) Physical or electronic signature of person authorized to act on owner’s behalf.
(ii) Identification of the work or works allegedly being infringed on
(iii) Sufficient identification to find the material that is to have access disabled or removed.
(iv) Sufficient identifying information to contact the complaining party, such as address, telephone number, or an
electronic mail address, which they can be reached at.
(v) Statement from the complaining party that this complaint is true in their opinion.
(vi) Statement that all above information is accurate, under penalty
of law, and that the person is the authorized to act on this.
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