TechNowlogy

Fair
Use
Definition
Fair use grants users the right to use copyrighted material
without permission under certain circumstances. If the use is
fair, the user does not need to notify the copyright owner or ask
for permission. Fair use of copyrighted works is not a copyright
infringement.
Examples of fair use are quotes in books, parody such as on
television shows, video or sound clips in documentary films, and
more.
by Apollo Ravelo
Article Critique
There are Four Factors of Fair Use, which are also
part of the Philippine judicial system. They are (1)
the purpose and character of your use, (2) the
nature of the copyrighted work, (3) the amount
and substantiality of the portion taken, and (3)
the effect of the use upon the potential market.
Does this mean that we can take at least a little
of the original works of others, as long as we
follow the four factors of fair use?
In the article I read by Intellectual Property office
of the Philippines (2019), Google faced an issue
due to their Google Library Project in 2005.
Google has digitized 20 million books and
participating libraries around the world that own
physical books, including the University of the
Philippines Diliman, without asking the author
for permission. Google was sued in 2005 for
copyright infringement by the Authors Guild and
several major publishers for scanning a digital
copy of the full text of a book into a search
database. It claimed that the project falls under
the fair use principles of US copyright law. In
2015, the US Courts issued a decision in favor of
Google.
Edited by Arianna Atas
How fair is fair use if we base it on the Google
issue? Was the decision of the US courts right? Or
they just sided with Google because it’s a big
company? If we would base Google's project on
the Four Factors of Fair Use, it is appropriate. If
Google made a mistake, it would not have had
permission from the original authors of the
books. But come to think of it, if it was done in
the same situation but by a different company
not as big as Google, will the Supreme Court still
side with them?
DID YOU KNOW?
Edited by Carl Tuy
According to the University of Maryland in the
United States, courts endorsed the 10% rule— if a
person uses less than ten percent (10%) of the
total work or one (1) chapter of a book if the book
has ten (10) chapters or more, then it is fair use.
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