Fair Use / Copyright Law & FFR

[Xiz]

(I make this thread as an open discussion in regards to a permission request by DrizzleRomanceGirl. For that thread, click here.)


Over the past 10 years of FFR's existence, FFR has relied on being a non-profit where users have been needing to ask for permission from various artists / record labels for their music to be featured in our game. However, over the past few years internet law has changed dramatically, via the inclusions of Copyright Law sections 107 through 118.

Quote from: Copyright.gov

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

1) The purpose and character of the use, including whether such use is of 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
4) The effect of the use upon the potential market for, or value of, the copyrighted work
5) The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Copyright protects the particular way authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work.

The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, you should consider avoiding the use of copyrighted material unless you are confident that the doctrine of fair use would apply to the situation. The Copyright Office can neither determine whether a particular use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

While reading Copyright Law Chapter 1 (Found HERE) I came across this...
Quote from Chapter 1 Section 9 of Copyright Law

(b)(1)(A) Notwithstanding the provisions of subsection (a), unless authorized by the owners of copyright in the sound recording or the owner of copyright in a computer program (including any tape, disk, or other medium embodying such §108 Subject Matter and Scope of CopyrightCopyright Law of the United States 23 program), and in the case of a sound recording in the musical works embodied therein, neither the owner of a particular phonorecord nor any person in possession of a particular copy of a computer program (including any tape, disk, or other medium embodying such program), may, for the purposes of direct or indirect commercial advantage, dispose of, or authorize the disposal of, the possession of that phonorecord or computer program (including any tape, disk, or other medium embodying such program) by rental, lease, or lending, or by any other act or practice in the nature of rental, lease, or lending. Nothing in the preceding sentence shall apply to the rental, lease, or lending of a phonorecord for nonprofit purposes by a nonprofit library or nonprofit educational institution. The transfer of possession of a lawfully made copy of a computer program by a nonprofit educational institution to another nonprofit educational institution or to faculty, staff, and students does not constitute rental, lease, or lending for direct or indirect commercial purposes under this subsection.
(B) This subsection does not apply to—
(i) a computer program which is embodied in a machine or product and which cannot be copied during the ordinary operation or use of the machine or product; or
(ii) a computer program embodied in or used in conjunction with a limited purpose computer that is designed for playing video games and may be designed for other purposes.
(C) Nothing in this subsection affects any provision of chapter 9 of this
title.

TL;DR... as long as the song abides to the regulations stated above in bold, any music from any artist* under the fair use doctrine can be used on FFR for non-profit promotional use. This includes major record label artists and individuals.

*(unless the artist / record label sends FFR a cease and desist letter for their particular musical works)


These rules and regulations were not existant during the foundation of FFR's rules and guidelines. I feel that this might be an appropriate time to update FFR in accordance to the fair use doctrine in terms of copyright law. HOWEVER, I would argue that it should be required to send the artist a letter / email informing them of the fair use of their works. I am open to feedback. Thanks!