First and foremost, any use that can be defined as fair use does not constitute an infringement of the exclusive rights. The doctrine of fair use as an affirmative defense is available in regard to almost all manners that constitute unauthorized use of any type of work in all types of media channels. Where the doctrine exists, the user of the work in question is under no obligation to seek the consent or the permission of the owner of the copyright or to pay any fee that will allow the use of the work in question.
An example of fair use is when a new author incorporates certain portion(s) of any preexisting work to produce his new work. In this respect, it would be fair use if an individual cite the work of another individual in his or her new work. To determine whether a certain use of a copyrighted work is a fair use, certain factors are put into consideration. First, one must examine the character and purpose of the use and inclusive here is the fact as to whether the use is for educational purposes or for commercial purposes.
In any case, if the use is for educational purposes, then the user should not use the work to make any profit. Secondly, one should examine the nature of the copyrighted material in establishing whether a certain use falls under the doctrine of fair use. Moreover, to determine fair use, there is the need to determine the substantiality and the amount of the portion that is used in the context of the whole copyrighted work. Finally, to determine fair use, the effect of the use on the value of the copyrighted work or upon the potential market of such copyrighted work.
In other words, the fourth factor can be seen as the economical effects that the use of a certain copyrighted material has on it. In this regard, all the above factors apply to all published work as well as any published work. The doctrine of fair use as an infringement defense however provides certain guidelines to certain given activities which may result or which may be considered as fair use. For example, guidelines that pertain to the use of copyrighted material in copying and using extracts which are short. However, the guidelines also require that such copies should not be remade or used repeatedly overtime.
Over the time, the doctrine of fair use has raised numerous questions in regard to what entails fair use and also the guidelines which are provided in fair use of copyrighted materials (Herrington, 2001, p. 45). Another limitation to exclusive rights of a copyright owner falls under library exemptions. In this regard and as provided for in the Copyright Act, there are certain conditions and circumstances which do not constitute an infringement of the exclusive rights with regard to the archives of a given library and the employees working in such a library and within the scope of their work.
As such, the employees may reproduce and distribute a copy of a copyrighted work under certain circumstances that would not otherwise amount to fair use (Seville, 1999, p. 98). First, in regard to archival copies, it does not amount to an infringement of exclusive rights if the library reproduce or distribute a given copy of unpublished work which itself has been reproduced in a form which can be seen as facsimile.
However, the sole purpose of such reproduction or distribution should be based on security and preservation aims and only if the reproduced copy is currently in the library collection. In this regard, the exemption may extend to any type of copyrighted material provided the copy is made in a facsimile form. As such, the library cannot reproduce any copyrighted work in a machine readable language with the purpose of storing the copy in an information system. In other words, the exemption does not allow for the preservation of copies of copyrighted material in a digital or electronic form.