Questions about Fair Use with Copyrights

In the US would it be consider "Fair Use" for us to take info such as Concert Dates, Times, and Names. Then publish them in our online newsletter and printed monthly publication? For example a lot of the casinos in our state have concerts and we would like to give our readers a guide each month for what is happening where? Can we do this being protected under the fair use without getting permission from the casino?

We want to also do the same for the winners they post on their facebook pages and websites. However I am sure that would take permission from them for that. Or wouldn't it?

In what U.S. state do you reside, ShortyDew?

The answer to all of your questions is "it depends."

In the U.S., facts and ideas cannot be copyrighted. Dates, times, events and names are facts. The way these dates, times, events and names are expressed, however, can potentially be copyright-protected.

You cannot (generally) just copy the way the dates and times of events are presented by others (for example by copying a poster or a webpage that has been created for an event that states the event name, date and time). You can present these events, dates and times in your own way.

Although names (like dates and times) are not copyrightable, there may be other rights that attach to them (ie, publicity rights, privacy rights, trademark rights). You cannot use another's name, for example, to promote your newsletter or monthly publication or make it seem that the named entity endorses or is affiliated in any way with your newsletter or monthly publication (unless, of course, the entity is). If it is a Justin Bieber concert, for example, you cannot use Justin Bieber's name or image to help sell your publication.

Even when a use of copyrighted material might be considered a "fair use" of the material by a court, it takes a court to determine whether the use is a fair one or not. Fair use is an affirmative defense to a copyright infringement claim and not a right to use copyrighted material.

Therefore, if a copyright holder objects to the use of their material and files an infringement claim, the alleged-infringer can use "fair use" as a defense, but there is no real way to absolutely positively tell in advance what a fair use of someone else's copyrighted material is. A court decides.

The U.S. Copyright Act only provides a guideline as to what is considered fair use (see 17 USC §107). Most uses that fall clearly within these guidelines will not spawn a lawsuit. But, because §107 is a guideline and not a one-size-fits-all rule, the U.S. Copyright Office recommends that any person seeking to use copyrighted material get permission from the copyright holder prior to using the material. That is the only sure way in most cases to eliminate the risk of an infringement action arising from the use.

Because law is fact-specific, a visit to an attorney's office in your area, for a personal review of your plans, is wise and advised.

Thank you I live in Michigan. We are are not going to copy the webpage. We just wanted to know if we were safe by getting those times, dates, and performer's names and place them into our publication template for each casino. We also want to do the same with the names, amounts etc.. of winners each month from the casinos. We asked for permission but they have yet to get back with us to let us know know either way.