Copyright law acknowledges the hard work of creators by giving them exclusive rights to their work for a limited time. It has certain limitations, defenses, and exceptions allowing others to use the materials in specific cases, but most uses must be licensed, allowing the creator to make money (if he or she chooses) from the work. After the prescribed amount of time, protection expires, and the work enters the public domain.
In short, copyright law gives creators and users certain rights and responsibilities.
Fair Use provides for certain explicit situations where copyrighted material may be used/reproduced without permission of the copyright holder. These uses are typically educational, critical, or not-for-profit in nature.
As Fair Use basically provides exceptions to Copyright Law itself, Fair Use could not exist without the latter to make exceptions for.
DVDs are protected under U.S. copyright laws that protect the rights of authors and artists. The Fair Use Doctrine applies to most instances of duplicating a DVD.
There are five basic rights that copyright confers... The right to reproduce the work The right to create derivatives The right to distribute copes to the public The right to perform the work publicly The right to display the work publicly note that these rights are not absolute, there are exceptions (most notably the "fair use" doctrine)
They're not the same. Copyright is the ability of the owner of the rights in a work to prohibit certain uses of a work. Fair use is the ability of someone to legally use a copyrighted work for certain limited purposes without permission of the copyright owner.
All members of the World Trade Organization are required to recognize other members' copyright laws. They must also base their laws on the Berne Convention, Article 10 of which describes uses that may be "fair practice." So, if you correctly apply the fair use or fair practice doctrine, nothing happens. Unfortunately, no one has created a definition of fair use that is widely accepted in its entirety. So there is always the possibility that someone will cry foul and take you to court.
In certain limited circumstances, fair use or fair dealing clauses in copyright laws allow excerpting books.
The doctrine of precedent is important because that's where the courts use to govern current cases or to apply the laws if and when a precedent case applies to it.
Cookbook publishers are affected by the same laws that apply to other books. copyright laws, trademark laws, and contract laws. Other issues are laws concerning fair use of recipes and photographs.
Copyright limits the extent to which you can quote existing works, but it also protects your completed work.
No. There is a provision in the "fair use" exception regarding educational use of a portion of copyrighted materials but it does not remove the responsibility for educational institutions to adhere to copyright law.
No. There is a provision in the "fair use" exception regarding educational use of a portion of copyrighted materials but it does not remove the responsibility for educational institutions to adhere to copyright law.
The legal term (and concept) is "copyright infringement". This is more accurate, as "violation" is more properly a term for criminal activities, not civil actions, and copyright law is Civil Law (though, unfortunately, there now also exists certain Criminal Laws for certain copyright infringement situations). Specifically, copyright infringement is the copying (in whole or in part) of a copyrighted work without the express consent of the copyright owner of that work. There are specific exceptions to where certain amounts of copying are legal (most prominently, but not exclusively, the "Fair Use" doctrine).
Fair use or fair dealing clauses in copyright laws allow certain limited unlicensed uses, for purposes such as education and critique.