Legal Question in Intellectual Property in Texas

Any attorney will say the answer is no. Fair use only applies to using a small part of a copyright in a certain way. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

"Any attorney will say?" I hate that phrase because many attorneys do not know what they are talking about, so it is impossible to know what "any attorney will say" (particularly on a free advice website like lawguru) and anyone making such a statement is a fool who does not really know what "any attorney will say."

What you made is probably a derivative work (search the term and you will see what that means and that it is copyright infringement) and so what you did is probably copyright infringement. That is probably why you got squelched. Cheer up, the fine for copyright infringement can be huge, $200 to $150,000 for each work infringed. YouTube did you a favor, you evil infringer.:-) Fair use is much more complex than what Franchise Attorney says "any attorney" would say. For example it can even apply to using the entire work in a certain ways, such as some satirical and non-profit educational uses. When it comes to copyright law get advice from a copyright lawyer who knows what he is talking about and not "any attorney" and not a Franchise Attorney.

More specifically,

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of �fair use.� The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

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

The distinction between fair use and infringement may be unclear and not 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.

As a Franchise Attorney I'm glad to see my colleague, Bruce, agrees with my answer. And as a BTW, franchise attorneys deal with IP issues on a regular basis, something any IP attorney knows. But, I will amend to say consult with a copyright or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation