FAIR USE

What is fair use?

Fair use is a part of US copyright law that allows the “legal, non-licensed citation or incorporation of copyrighted material in another author's work” (Wikipedia). Essentially it allows others to use copies of a copyrighted work for commentary, criticism, teaching, news reporting, scholarship, or research. Furthermore the copied work may not be used for profit or any other commercial purpose without consent of the original holder. There are also limits to the amount of the original copy that can be replicated; however this varies by medium. Even if the material is unpublished (but still copyrighted) these rules apply. Parody is also an essential part of fair use. One is allowed to use copyrighted images in a satirical way; however one may not use them in an ordinary way (such as simply reprinting). Another subjective measure of fair use is whether the copy has an effect on the original art, where if the copy harms the copyright holder’s market then it would not be allowed.

There exist several common misunderstandings about fair use which will be addressed.

• Although something is copyrighted it can still be used (under fair use).
• If a work is not copyrighted then one does not have to follow fair use rules.
• Acknowledging a source alone is not considered fair use, more must be done.

Why is our project considered “fair use”?

Our DRM project falls under fair use rules as it is used for scholastic, research, and teaching purposes. This project is an assignment for Duke University’s Computer Science 182 Class – Technical and Social Analysis of Information. Although we may be violating traditional copyright laws if this project was non-academic, since we are doing this as a part of a class project with a purpose it should be considered fair use. The goal of this project is to analyze how effective Apple Computer Inc.’s iTunes DRM is (more information about DRMs in our Technical Section). After purchasing copyrighted songs (legally) through iTunes we will try to find a way to override their copy-protections, so that downloaded songs may be accessed by the user without any limitations (such as number of times allowed to burn, copy, etc.).

Who does our project benefit?

Our project is designed to benefit the group by increasing our understanding of DRM systems. As we do not intend to distribute or sell our process to remove iTunes DRM projection, we are not violating any copyright laws by making a profit.

Who does our project hurt?

Since this project is done for a class and we are not distributing our work then it will not hurt anyone. We are legally purchasing the iTunes songs, so the artists/record labels receive money from us. We are not releasing the DRM-free songs so we are not distributing copyrighted songs. We are not making a profit nor infringing any copyrights, therefore no one loses money and no one is hurt.

Is what we are doing ethical?

We believe it is. As this project is done for teaching/scholastic/research purposes, then it is under fair use, and is therefore legal. Because it does not hurt anyone it is not unethical. No party loses out from what we are doing, and furthermore some parties (for example iTunes) may even benefit from finding weaknesses in current DRM systems. The group and the class also benefit from this project learning about DRMs.

-- Symon