Everybody Writes, 2nd Edition

71The Basics of Copyright, Fair Use, and For Attribution

Let's call in an expert for some help with this one.

Kerry O'Shea Gorgone is a content creator and also an attorney. (Even so, keep in mind that what follows shouldn't be considered legal advice, which only your attorney can give you.)

What's the difference between copyright, fair use, and for attribution?

Kerry O'Shea Gorgone: Copyright is actually a bundle of rights held by the owner of a creative work. For example, if I write a book, I alone hold the right to reproduce it and distribute copies, publish the book, perform or display it publicly, or create derivative works based on it.

Fair use is a legal defense against a claim of copyright infringement. The most important thing to realize about fair use is that it won't prevent you from being sued: You only raise the defense once you're already involved in litigation.

The court in a copyright infringement case uses four factors to decide whether your use of the copyrighted work is fair:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use on the potential market for, or value of, the copyrighted work

Figuring out which uses are fair from a legal standpoint can be tricky, and ultimately your best guess might be wrong. That's why brands should ...