Scarinci Hollenbeck, LLC
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Author: Scarinci Hollenbeck, LLC
Date: September 1, 2015
The Firm
201-896-4100 info@sh-law.comAll sorts of entertainment – music, movies, books and television – are copyrighted to ensure that they are safe from people attempting to profit off of ideas that are not their own. However, sometimes it is okay to “rip-off” someone else’s work under a legal concept called fair use.
Basically, fair use is the copying of copyrighted material in a way that is transformative. This may mean that the new work copies the prior creation in a way that comments on, criticizes or parodies it. The idea is, that typical fair use of a prior work falls under the Constitutional right to free speech, since these productions transform the original work.
There are two generally cited categories of fair use, each of which are defined by the ways in which they transform the original.
To determine whether a work falls under the fair use category, a number of factors should be considered. These are:
Without fair use, many things such as new reporting, reviews of creative works and entertainment such as movies and music would be completely different. However, transforming a copyrighted work in a legal way can be a complicated issue. If you’re unsure of whether your work falls under either fair use category, speak with an attorney with knowledge of entertainment law to learn more.
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