Searching and Sampling – Copyright factors to consider
Copyrighted content can be used in a new work if permission is obtained from the copyright holder, or if the media use falls into the category of fair use. Under the fair use clause of copyright law, limited copyrighted material can be used for a transformative purpose, such as commenting upon, criticizing, or parodying the initial material.
The four key factors are:
Another one of the traditional protected purposes is educational use in a classroom. Keep in mind that just because you cannot be sued for using appropriated work for assignments, you should be using it for reasons that advance your education, not just for convenience.
The Internet is a treasure trove of photographic imagery. Artists and designers often combine media elements from this visual archive in inventive ways, or use downloaded images as research for their own creative work. While we admittedly live in a copy/paste culture, using a downloaded image from the web has legal ramifications.
Just because you can download an image doesn’t mean you may use it! A downloaded image may be protected by copyright laws. Copyright is a legal tool for preserving control over the use of a creative work. Books, poems, music recordings and compositions, photographs, paintings, sculptures, radio and television broadcasts, films, and even dances can be copyrighted.