Is my thinking right on 'Fair Use' clause if I use an image created by someone else?

[preservationist]

Ohio

Is my thinking right on 'Fair Use' clause if I use an image created by someone else?

I make limited edition artists books. (20 to 50 copies in an edition.)The books are hand printed with an inkjet printer. I donate them all to special collection libraries around the world. I never sell them, but I put high prices on them cause of their labor and cost of printing. ($1500 to $3500)

The books are for educational use, but since they are hand printed they are considered works of art. A lot of the subject matter is landmark and not available anywhere else. Usually most of the images in the book are mine, but I may use 2 or 3 images from another source.

Am I safe to proceed in this fashion by claiming editorial, educational and archival preservation under the 'Fair Use' clause if I use another's work in my book?

Thanks

 

[STEPHAN]

No need to start a second thread.

https://forum.freeadvice.com/copyrights-trademarks-39/can-i-use-photo-goggle-image-search-book-612756.html

 

[quincy]

Ohio

Is my thinking right on 'Fair Use' clause if I use an image created by someone else?

I make limited edition artists books. (20 to 50 copies in an edition.)The books are hand printed with an inkjet printer. I donate them all to special collection libraries around the world. I never sell them, but I put high prices on them cause of their labor and cost of printing. ($1500 to $3500)

The books are for educational use, but since they are hand printed they are considered works of art. A lot of the subject matter is landmark and not available anywhere else. Usually most of the images in the book are mine, but I may use 2 or 3 images from another source.

Am I safe to proceed in this fashion by claiming editorial, educational and archival preservation under the 'Fair Use' clause if I use another's work in my book?

Thanks

This thread of yours has a little more information than your other one. The answers, however, remain the same.

Fair use is covered under the Copyright Act's Section 107. Fair use is an affirmative defense to the unauthorized use of another's copyrighted work and is not permission to use the work. In other words, you can claim fair use in court when you are sued for infringement.

Here is a link to Section 107: http://www.law.cornell.edu/uscode/text/17/107

Fair use allows for the unauthorized use of copyrighted material when the use is to comment on or criticize a copyrighted work, or when the copyrighted work is used in the course of news reporting, or when the copyrighted work is used for teaching purposes, or when the copyrighted work is used for a research or scholarly activity.

There are four basic factors that courts consider when determining fair use, with the first factor perhaps the most important:

1. The purpose and character of the use. Is the use for commercial gain and is the copyrighted work transformed in some way (new insight into the work, perhaps)? A commercial use of another's copyrighted work is less likely to be seen as fair.

2. The nature of the copyrighted work. Is the image newsworthy or of educational value, or is the use entertaining? Fair use is more likely when the work is copied for newsworthy or educational purposes.

3. The amount and substantiality of the portion used in relation to the whole. The more you copy of a work, the less likely the use will be found fair.

4. The effect of the use on the market for or value of the copyrighted work.

You should get permission from the copyright holders to use their images in your books, or you should leave the one or two images belonging to others out of your books.

 

[Silverplum]

"Hand-printed" does not, in any context, equal "on a laser jet ink printer."

I have no idea where you're going with this.

 

[quincy]

"Hand-printed" does not, in any context, equal "on a laser jet ink printer."

I have no idea where you're going with this.

According to justalayman, the editing of the other thread by preservationist seems to indicate HE doesn't know where he's going with this, either - but, wherever he is going, it does not seem to be in the direction of "fair use."

 

[preservationist]

"Hand-printed" does not, in any context, equal "on a laser jet ink printer."

I have no idea where you're going with this.

Hand printed with an inkjet printer for 20 or 50 books versus a commercial press run of 5,000 - 10,000 books. No different than doing a hand printed etching or sheet fed gravure in a press one page at a time. I have to hand feed each sheet of rag or fine art paper one at a time due to the weight of the paper. I just don't put a pile of paper in the printer and press play. I mentioned this to show it is not a big run commercial book. My understanding is limited run reproduction is also an important factor in this topic.

Nothing of what you have said here persuades me my project is not Fair Use. Is the price printed on the cover what is causing you trouble? As I said I don't sell the books, I donate them.

My book seems to fit ALL requirements of Fair Use from what I can tell.

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

https://www.law.cornell.edu/uscode/text/17/107

I also read about it here:

https://www.lib.umn.edu/copyright/fairthoughts

What are your thoughts?

 

[FlyingRon]

Hand printed with an inkjet printer for 20 or 50 books versus a commercial press run of 5,000 - 10,000 books. No different than doing a hand printed etching or sheet fed gravure in a press one page at a time. I have to hand feed each sheet of rag or fine art paper one at a time due to the weight of the paper. I just don't put a pile of paper in the printer and press play. I mentioned this to show it is not a big run commercial book. My understanding is limited run reproduction is also an important factor in this topic.

It's not a factor at all. And it's still not hand printed, just self-published.

https://www.lib.umn.edu/copyright/fairthoughts

What are your thoughts?

My thoughts is this isn't fair use. The work, while limited and not ALLEGELY commercial IS commercial. Despite the fact you do not intend to sell it, you seem to be doing this for personal gain of some form. This is not review or educational. Note that the educational use in fair use is referring to scholarly use, not preparing books that you claim are "educational." They're yardstick to the overriding definition: " for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." Stealing it for your self-published, self-aggrandizing material isn't fair use just because you don't intend to make a profit and you don't think stealing things would diminish the owner's benefits.

Despite what you misunderstand from reading those articles, those are NOT items that give you fair use after you think you've met them.

As you've already been told, fair use isn't something you can just assert at the outset. It's what you bring up AFTER YOU'VE BEEN SUED by the people you've taken the material from that indicates that this was an allowable fair use.

 

[Silverplum]

Hand printed with an inkjet printer for 20 or 50 books versus a commercial press run of 5,000 - 10,000 books. No different than doing a hand printed etching or sheet fed gravure in a press one page at a time. I have to hand feed each sheet of rag or fine art paper one at a time due to the weight of the paper. I just don't put a pile of paper in the printer and press play. I mentioned this to show it is not a big run commercial book. My understanding is limited run reproduction is also an important factor in this topic.

No, that's not "hand printed." Not even close. Not in the same ball park, not playing the same sport.

But you might be able to adjust the settings on your printer to accept different thicknesses of paper, so you don't have to hand-feed the printer.

Nothing of what you have said here persuades me my project is not Fair Use. Is the price printed on the cover what is causing you trouble? As I said I don't sell the books, I donate them.

My book seems to fit ALL requirements of Fair Use from what I can tell.

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

https://www.law.cornell.edu/uscode/text/17/107

I also read about it here:

https://www.lib.umn.edu/copyright/fairthoughts

What are your thoughts?

We all agree that you are very wrong.

 

[STEPHAN]

If you only had 20 books for some friends for personal use, you would not be asking here, as nobody would care.

Look at this: Just the fact that you ask here and are concerned .... does that tell you something?

Sorry, what you want is not fair use.

 

[quincy]

Hand printed with an inkjet printer for 20 or 50 books versus a commercial press run of 5,000 - 10,000 books. No different than doing a hand printed etching or sheet fed gravure in a press one page at a time. I have to hand feed each sheet of rag or fine art paper one at a time due to the weight of the paper. I just don't put a pile of paper in the printer and press play. I mentioned this to show it is not a big run commercial book. My understanding is limited run reproduction is also an important factor in this topic.

As FlyingRon said, one or one thousand copies - the number of copies made makes a difference only in the damages that can be awarded in an infringement suit. It does not make a difference in whether a use is fair or not.

Nothing of what you have said here persuades me my project is not Fair Use. Is the price printed on the cover what is causing you trouble? As I said I don't sell the books, I donate them.

If you are copying copyrighted works without authorization of the copyright holder, donating these infringed works does not make the use fair.

My book seems to fit ALL requirements of Fair Use from what I can tell.

The description of what you intend to do does not really meet ANY of the requirements of fair use. Sorry.

Perhaps you are not understanding what you are reading? Here is a link to rather easy-to-understand information on fair use, published by Stanford University: http://fairuse.stanford.edu

Again, fair use is NOT permission to use another's copyrighted work. The fair use factors outlined in the Copyright Act can be used as a GUIDELINE ONLY. Other factors are also considered. Each case is decided on the specific facts presented.

BUT, the bottom line is that fair use can be used as a DEFENSE to an infringement suit filed against you when your work attracts the attention of the copyright holders. And, from what you have written, this defense will not fly for you in court when you are sued. Nothing you are saying makes what you intend to do a fair use of another's copyrighted work.

You can always sit down with an IP attorney in your area, though, for a personal review of exactly how you intend to use other's works. You do not need to convince us your use is fair, afterall. You will have to convince the copyright holders whose works you will be pilfering. Good luck.