Law and journalism Essay Example | Topics and Well Written Essays - 1000 words

Law and journalism - Essay Example These are through seeking and obtaining the full permission of the creator, referred to as the rights holder, and strictly adhering to the conditions under which permission is granted. The second and most widely used instance is fair use. The extent to which copyrighted material can be used is dependent on the various elements of fair use. Fair use however must be attributed to the original creator of the original material. Fair use is determined on four main grounds. First, fair use is determined by the purpose and manner of use of a copyrighted material. The reason that applies here is use non-profit or educational purposes. It is legally acceptable to use copyrighted for the reason of advancing knowledge or and advancement of the art by adding substantive new information in a way that completely distinguishes it from the original state and should generally be for the enrichment of the general public. There should be a sense of transformation to the new material and not merely a matter of derivation(Rolph, 45). Secondly, fair use applies when the item used is that which is in public domain, ideas among others. It should therefore be noted that copyright only protects the form, manner and style with which an idea is expressed and not the actual idea.Fair use is also justifiable on basis of the amount and substantiality. This basically encompasses the quantity and percentage of the copyrighted material has been adopted into the new work. A court of law would however determine the substance of the information needed to constitute infringement of copyright. Finally, fair use is determined on basis of the implications of the price of the original material in light development of the new one. As such, use of copyrighted material should be approached with care not to adversely affect the market situation of the original one, specifically the price. Most jurisdictions in the world generally treat copyright infringement as a civil crime, where all the aforementioned