R Hudson wrote on 04/19/2014 >Hi - >Was browsing for origami bunnies and came across a piece of stock/royalty >free vector art that shows origami rabbit models from different designers >(uncredited). >http://www.dreamstime.com/royalty-free-stock-photos-origami-paper-rabbits-collection-detailed-vector-rabbit-image35242108 >Is this legal? How does this fall under use?
In determining “fair use”, carved out as an exception to copyright infringement in Section 107 of the 1976 Copyright Act, one must consider several aspects. The link below is to a guide from Harvard Law School that may provide some insight on the elements considered in “fair use”. The concept of “transformative” is particularly pertinent to consider here. The discussion of “transformative” falls under the first of the four “fair use” sections, i.e., “The purpose and nature of the infringing use, including whether the use is commercial in nature, or for nonprofit educational purposes” Additionally, reviewing specific case law, and the opinions rendered, can also provide more objective insight vs. our own personal opinion, that is often based on limited knowledge of copyright law. One case to peruse on this matter is Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 579 (1994), where the courts considered the purpose and nature of the work being transformative or merely superseding. A work is more likely to be protected as fair use if it transforms the original from which it borrows “by adding something new, with a further purpose or different character, or altering it with new expression, meaning, or message.” – Source: Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 579 (1994) Transformative Works: A work is “transformative” of an earlier work when it uses that earlier work in a manner that gives new meaning to that earlier work, i.e. it enables us to see the earlier work in a different manner than might have been originally intended. Transformative works receive different treatment under the law than do merely derivative works because of the degree and type of change wrought on the original work and because they generate new ideas in relation to the original work. – Source: http://www.ivanhoffman.com/seinfeld.html http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=22&ved=0CC4QFjABOBQ&url=http%3A%2F%2Fcyber.law.harvard.edu%2Farchived_content%2Fevents%2FSignalNoiseBBFINAL.pdf&ei=IktVU5HrOZTOyAHb7YHIBw&usg=AFQjCNFL4RNbTYYJBSGgKcIi-Y6qixymbQ&sig2=qC6TFFvtSAht7g6OqEPIuQ OriFUN to all, Dianne
