If you rely on Fair Use when posting copyrighted material on this site, it's up to you to decide how thoroughly that section of copyright law protects you.
For example, it's my belief that producing a 10PTT from ten pages of a 'for your consideration' screenplay published by a studio on its website can be reasonably considered Fair Use. But there's no way to know for sure. Only a judge can make that call.
Fair Use is a smokey, lumpy, shifting realm of law, continuously eroded by the corporations with the biggest dogs in the fight. It feels like those corporations want copyright law to mean perpetual ownership and exclusivity for all time.
The English Parliament wanted copyright to be: "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies...” and to encourage "learned men to compose and write useful books."
Additionally, the enacting of the Statute of Anne in 1710 introduced the concept of the ‘public domain’ for books. No longer were books owned by authors and printers forever. More
here.
So nowadays copyright is supposed to benefit the creator, but not perpetually. Copyright is supposed to ensure society eventually benefits from individual creation. Kind of like patent law -- another now-abused form of legal protection. First the individual profits; then, after a time, society reaps the rewards.
With corporations fighting hard to erode the protections offered by Fair Use, these days you can’t assume anything.
All authors and creators should take time to understand what Fair Use might or might not cover. One of the best explanations I’ve read is
this article by Jonathan Bailey. Summarizing:
- The most important thing is transform the material. Your use must create something new. You can’t just blandly republish the original.
- The second most important thing is, your use must not harm the original work’s potential market.
- Fair Use provisions apply much less to unpublished works. Author’s have the right to control first appearance of their work.
- Generally, the less of the whole you use, the safer you are. But what you use is more telling. Use a small but essential part of another’s work and the shield of Fair Use shrinks dramatically.
- Altruistic use of the original material can count in your favor. Flagrant or outrageous use can count against you.
It’s always, always better to remove all doubt and seek permission to use pages for the purposes of a 10PTT. But of course that’s not always possible or practical. In those circumstances you need to hold high confidence that you stand within the hazy but discernible boundary of Fair Use.
This article is not legal advice. Use your best judgment or talk to a professional.
