6- Copyright and Fair Use


 Copyright and Fair Use


With the internet providing easy access to all forms of media and entertainment, it is extremely important to respect the works of others. Because so many creators work hard to produce original and innovative media, laws exist to ensure that plagiarism does not occur. These laws are known as copyright laws.

Copyright Laws

Copyright grants creators the ability to reproduce, distribute, and display their own work. This also protects other creators from unfairly using creative works without the permission of the original authors. According to Copyright Alliance, copyright is put in place until the end of the original creator's lifetime, plus seventy years or ninety-five years after publication. 


Many companies do not hesitate to take legal action when their work is used without their permission. One of the most notorious companies is Disney. Disney has consistently sued individuals and businesses that have used their property without permission. According to Harvard Law Today, Disney threatened to sue three daycares in Florida because they used their characters in wall murals in 1989. 


Although Disney has developed a negative reputation for relentlessly suing for copyright infringement, this has been used by small artists in order to catch websites that steal their original artwork. In 2019, several artists on twitter noticed that their artwork was showing up on cheaply made clothing websites after enthusiastic comments were placed under their posts. In order to catch the websites in the act, artists started creating images of Disney characters, brand logos, and even Nintendo characters in order for those large companies to sue the t-shirt websites. 


One image, created by @nirbion went viral, bringing attention to the illegal use of artists' work on these websites. 


Fair Use

Even though many creators are extremely strict about copyright laws regarding their work, if is sometimes possible to use portions of original works because of Fair Use. This allows for copyrighted works to be used without the owner's permission for specific circumstances such as scholarship, research, criticism, and commentary. This is often used as a defense for accusations of copyright infringement. However, there are a few standards that must be met in order for fair use to take effect. For example, the borrowed work should not be used for the profit of the borrower, and the amount of the work used is also considered. 


One common example of fair use that many people enjoy on a regular basis are video analysis of movies and television shows. Many YouTube creators use clips or images from popular media in order to provide their own viewpoints on popular culture. For example, ModernGurlz uses movie clips to discuss the fashion used in different films while The Game Theorists use clips and images from popular video games to form original theories. These creators are usually mindful of copyright laws and try to avoid using more than a few seconds of copyrighted music and clips so that their videos can be protected under fair use. 

Public Domain

Public Domain covers works that are no longer covered by copyright laws. Many popular forms of media have entered the public domain over the years, ranging from Jane Austen's Pride and Prejudice to Disney's Steamboat Willie. Attributions are usually given to the original creators, but their permission is not necessary. Many public domain works have been twisted into unique adaptions by people who are fans of the original works. 

Winnie the Pooh: Blood and Honey (2023)

Pride and Prejudice and Zombies (2009)

In order to ensure that creators receive the credit that they deserve, it is extremely important to follow proper copyright, fair use, and public domain guidelines. Following the set laws helps both the borrower remain with a sense of integrity while also protecting the property of others. 




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