What talk broadcasters need to know about Fair Use
by Matthew B. Harrison, Esq.
PhotosAndTheLaw.com
NEW YORK – “Fair Use” is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. For example, if one wishes to critique an existing work, they should have the freedom to quote from it without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work.
Sometimes, people speak colloquially of their Fair Use rights. However, this is a misnomer. Fair use is a defense to infringement. Therefore, once the plaintiff has met the burden of proof – that in-fact the infringement occurred – the burden then switches over to the alleged infringer to show that they would fit within the “Fair Use” paradigm.