[Special Section on Academic Research and Communications Policy] Comparative Media Law Research and Its Impact on Policy

License

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Fair Use

The U.S. Copyright Act of 1976 specifies, in Section 107, the terms of the Fair Use exception: Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
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4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. In accord with these provisions, the International Journal of Communication believes in the vigorous assertion and defense of Fair Use by scholars engaged in academic research, teaching and non-commercial publishing. Thus, we view the inclusion of “quotations” from existing print, visual, audio and audio-visual texts to be appropriate examples of Fair Use, as are reproductions of visual images for the purpose of scholarly analysis. We encourage authors to obtain appropriate permissions to use materials originally produced by others, but do not require such permissions as long as the usage of such materials falls within the boundaries of Fair Use.

The International Journal of Communication encourages authors to employ fair use in their scholarly publishing wherever appropriate. Fair use is the right to use unlicensed copyrighted material (whether it is text, images, audio-visual, or other) in your own work, in some circumstances. We consult the Code of Best Practices in Fair Use for Scholarly Research in Communication, created by the International Communication Association and endorsed by the National Communication Association, and you should too. If you have any questions about whether fair use applies to your uses of copyrighted material (whether it is text, images, audio-visual, or other) in your scholarship, simply include your rationale, grounded in the Best Practices, as a supplementary document with your submission.