It is legally and ethically important to give copyright credit when you use parts of someone else's work. Giving proper credit is especially essential when you use copyrighted material for profit as part of your business, because you may be sued for copyright infringement. It's a common misconception that simply giving credit is enough to avoid copyright infringement, but this is not the case. You must consider what portion of the copyrighted work you are using and make sure you give copyright credit in the proper way.
Fair use:
Fair use is a set of guidelines. Certain factors will support your case of fair use; for example, using only a small portion of the work and adding your own commentary. Others, however, can be detrimental to your case of fair use, such as using a large portion of the work and making a profit from it. Even if you believe your use is covered under fair use, the copyright owner can file a claim of copyright infringement. It's always best to seek the copyright owner's permission before using parts of a copyrighted work for commercial purposes.
Identify the Copyright Owner:
Find the name of the copyright owner; this is the person or entity you should credit. You can usually find the copyright owner after a copyright symbol (©) at the beginning or end of work. If you can't find the copyright owner in the work itself, contact someone associated with the work and ask for copyright information. For example, send an email to the address listed on a website or contact the publisher of a book.
Determine Your Usage:
Determine how much of the work you will use and for what purpose. Small amounts of copyrighted work used for the purposes of commentary, criticism, or parody are considered fair use, meaning you can use them without the permission of the copyright owner. Using an entire work or large portions of it without permission, on the other hand, is considered copyright infringement. So, for example, if your business is a movie review website, using short video clips and commenting on them is fair use, but uploading a copy of the entire movie to your website is copyright infringement.
Get Appropriate Permission:
Contact the copyright owner, if you have determined that your use of the material does not constitute fair use and ask for permission to use the copyrighted material. When asking permission, state exactly what portion of the work you wish to use and whether you are using it for commercial purposes. It's best to send your request via mail or email so you have a response in writing to refer to in case of future problems.
Place a Copyright Notice:
Write a copyright notice somewhere on the copyrighted material you are using. Again, if you are using movie clips for commentary purposes, note at the end of your commentary that the clips are © the copyright owner and used under fair use. If you have received permission from the copyright owner, note that the copyrighted material is © the copyright owner and used with permission.
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