Tuesday, October 15, 2013
How Do We Protect Educational Comic
Fair use? As you know, fair use permits limited unauthorized uses of copyrighted materials for purposes of commentary or criticism. To the consternation of some in copyright law, a few courts have held that a license agreement can negate fair use rules. Whether fair use trumps a license agreement is ultimately up to the courts. We can't tell you "how much" fair use protects -- it's not a mechanical calculation -- so, you'll need to review cases with similar facts to determine your possible outcome. But we can tell you that if someone makes an unauthorized use of your material, and they're using it for the same educational purposes as you intended, and depriving you of revenue, it's probably not a fair use.