Comparing online copyright infringement and fair use

Posted By Law Offices of Jeffrey C. Grass || 29-Oct-2015

Recent advances in online technology have made it easier than ever for Dallas residents to share information. Yet with the increase in personal, professional, and commercial online interactions has also come concerns over copyright infringement. Few in the general public likely know the exact details of online copyright law. However, that won’t stop them from facing the potential criminal penalties associated with such a charge.

According to U.S Code Title 18 § 2319, one can be fined between $1,000-$2,500 for copyright infringement, along with being sentenced to 1-5 years in prison for first-time offenses, and 6-10 years for subsequent violations. Online copyright infringement offenses can include reproducing and distributing copyrighted works, removing a copyright notice, or falsely representing copyrighted work as one’s own. Making content intended for commercial distribution available to the public via a computer network is also classified as an offense.

One of the more commonly-used defenses to a charge of copyright infringement is the principle of fair use. This describes the unauthorized use of copyrighted work for research, critical, scholastic, or journalistic purposes. The same idea applies to the use of online content, as well. Yet fair use is not meant to be viewed as permission given to use another’s work without his or her consent. Rather, it is merely a defense the court considers in infringement cases.

The Center for Media and Social Impact lists on its site the factors considered by the court when asked to accept a “fair use” defense. These are:

If these factors point to a transformative use of the content, then it may be considered fair use.