Fair use

Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist’s work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work.

In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an illegal infringement.

Free content, libre content, or free information, is any kind of functional work, artwork, or other creative content that meets the definition of a free cultural work. A free cultural work is one which has no significant legal restriction on people’s freedom:

to use the content and benefit from using it,
to study the content and apply what is learned,
to make and distribute copies of the content,
to change and improve the content and distribute these derivative works.

Although there are a great many different definitions in regular everyday use, free content is legally very similar if not like an identical twin to open content. An analogy is the use of the rival terms free software and open source which describe ideological differences rather than legal ones.

Free content encompasses all works in the public domain and also those copyrighted works whose licenses honor and uphold the freedoms mentioned above. Because Berne Convention in most countries by default grants copyright holders monopolistic control over their creations, copyright content must be explicitly declared free, usually by the referencing or inclusion of licensing statements from within the work.

In many countries, certain uses of copyright-protected works do not infringe the copyright owner’s rights. For example, in the United States, copyright rights are limited by the doctrine of “fair use,” under which certain uses of copyrighted material for criticism, commentary, news reporting, teaching, scholarship, or research may be considered fair.

The public domain is a range of creative works whose copyright has expired, or was never established; as well as ideas and facts which are ineligible for copyright. A public domain work is a work whose author has either relinquished to the public, or no longer can claim control over, the distribution and usage of the work. As such any person may manipulate, distribute, or otherwise utilize the work, without legal ramifications. A work in the public domain or released under a permissive licence may be referred to as “copycenter”.

Copyleft is a play on the word copyright and describes the practice of using copyright law to remove restrictions on distributing copies and modified versions of a work.The aim of copyleft is to use the legal framework of copyright to enable non-author parties to be able to reuse and, in many licensing schemes, modify content that is created by an author. Unlike works in the public domain, the author still maintains copyright over the material, however the author has granted a non-exclusive license to any person to distribute, and often modify, the work. Copyleft licenses require that any derivative works be distributed under the same terms, and that the original copyright notices be maintained. A symbol commonly associated with copyleft is a reversal of the copyright symbol, facing the other way; the opening of the C points left rather than right. Unlike the copyright symbol, the copyleft symbol does not have a codified meaning.

Copyfree as defined by The Copyfree Initiative is a type of permissive copyright license that allows the freedoms to copy, use, modify, and distribute a work.Copyfree licenses are all free/libre/open licenses. However, some free/libre/open licenses include certain restrictions and requirements which make them non-Copyfree. For example, copyleft licensing generally requires that all derivative works be distributed under the terms of the same license.

Free Cultural Works
Projects that provide free content exist in several areas of interest, such as software, academic literature, general literature, music, images, video, and engineering.

Technology has reduced the cost of publication and reduced the entry barrier sufficiently to allow for the production of widely disseminated materials by individuals or small groups. Projects to provide free literature and multimedia content have become increasingly prominent owing to the ease of dissemination of materials that is associated with the development of computer technology. Such dissemination may have been too costly prior to these technological developments.

In media, which includes textual, audio, and visual content, free licensing schemes such as some of the licenses made by Creative Commons have allowed for the dissemination of works under a clear set of legal permissions. Not all of the Creative Commons’ licenses are entirely free: their permissions may range from very liberal general redistribution and modification of the work to a more restrictive redistribution-only licensing. Since February 2008, Creative Commons licenses which are entirely free carry a badge indicating that they are “approved for free cultural works”. Repositories exist which exclusively feature free material provide content such as photographs, clip art, music, and literature,.

While extensive reuse of free content from one website in another website is legal, it is usually not sensible because of the duplicate content problem. Wikipedia is amongst the most well known databases of user uploaded free content on the web. While the vast majority of content on Wikipedia is free content, some copyrighted material is hosted under Fair-use criteria.

Free software, which is often also open source software, is a maturing technology with major companies utilising free software to provide both services and technology to both end users and technical consumers. The ease of dissemination has allowed for increased modularity, which allows for smaller groups to contribute to projects as well as simplifying collaboration.

Open source development models have been classified as having a similar peer-recognition and collaborative benefit incentives that are typified by more classical fields such as scientific research, with the social structures that result from this incentive model decreasing production cost.

Given sufficient interest in a software component, by using peer-to-peer distribution methods, distribution costs of software may be reduced, removing the burden of infrastructure maintenance from developers. As distribution resources are simultaneously provided by consumers, these software distribution models are scalable, that is the method is feasible regardless of the number of consumers. In some cases, free software vendors may use peer-to-peer technology as a method of dissemination.

In general, project hosting and code distribution is not a problem for the most of free projects as a number of providers offer them these services for free.

Free content principles have been translated into fields such as engineering, where designs and engineering knowledge can be readily shared and duplicated, in order to reduce overheads associated with project development. Open design principles can be applied in engineering and technological applications, with projects in mobile telephony, small-scale manufacture, the automotive industry, and even agricultural areas.

Technologies such as distributed manufacturing can allow computer-aided manufacturing and computer-aided design techniques to be able to develop small-scale production of components for the development of new, or repair of existing, devices. Rapid fabrication technologies underpin these developments, which allow end users of technology to be able to construct devices from pre-existing blueprints, using software and manufacturing hardware to convert information into physical objects.

In academic work, the majority of works are not free, although the percentage of works that are open access is growing rapidly. Authors may see open access publishing as a method of expanding the audience that is able to access their work to allow for greater impact of the publication, or may support it for ideological reasons. Open access publishers such as the Public Library of Science and Biomed Central provide capacity for review and publishing of free works; though such publications are currently more common in science than humanities. Some universities, such as the Massachusetts Institute of Technology (MIT), have adopted open access publishing by default by introducing mandates. In traditional journals, alternatives such as delayed free publications or charging researchers for open access publishing are occasionally used. Some funding agencies, such as the National Institutes of Health, require academic work to be published in the public domain as a grant requirement. Open content publication has been seen as a method of reducing costs associated with information retrieval in research, as universities typically pay to subscribe for access to content that is published through traditional means whilst improving journal quality by discouraging the submission of research articles of reduced quality.

Subscriptions for non-free content journals may be expensive for universities to purchase, though the article are written and peer-reviewed by academics themselves at no cost to the publisher. This has led to disputes between publishers and some universities over subscription costs, such as the one which occurred between the University of California and the Nature Publishing Group.

For teaching purposes, some universities, including MIT, provide freely available course content, such as lecture notes, video resources and tutorials. This content is distributed via Internet resources to the general public. Publication of such resources may be either by a formal institution-wide program, or alternately via informal content provided by individual academics or departments.

Each country has its own law and legal system, that is a set of law-documents — documents containing statutory obligation rules, usually law and created by legislatures. In a democratic country, each law-document is published as open media content, but in general there are no explicit license attributed for each document, and the default copyright is not valid. The set of law-documents is a unit that forms the legal system, and the “general license” (of this set) must be interpreted, is also not explicit.

Copyright is a legal concept, which gives the author or creator of a work legal control over the duplication and public performance of his or her work. In many jurisdictions, this is limited by a time period after which the works then enter the public domain. During the time period of copyright the author’s work may only be copied, modified, or publicly performed with the consent of the author, unless the use is a fair use. Traditional copyright control limits the use of the work of the author to those who either pay royalties to the author for usage of the authors content, or limit their use to fair use. Secondly it limits the use of content whose author cannot be found. Finally it creates a perceived barrier between authors by limiting derivative works, such as mashups and collaborative content.
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