In this blog post, we will examine the criteria for fair use under copyright law and the meaning of fair practices, and consider the key factors that distinguish between quoting and plagiarism.
Authors have rights to their own works, which are referred to as copyright. Copyright is the right granted to the author of a work to protect their creative expression of ideas or emotions. Copyright law requires permission from the copyright holder for others to use their work, and defines unauthorized use as illegal. This allows authors to prevent their creative works from being used or modified without permission and to exercise control over their works.
Additionally, copyright plays a crucial role in protecting the economic interests of creators. Creators can derive economic benefits from their works, which serves as a motivator for continuing creative activities. If copyright is not properly protected, creators may not receive adequate compensation for their efforts and creativity, which could hinder the development of culture and the arts.
Furthermore, the provision that “published works may be quoted within a reasonable scope and in accordance with fair practices for purposes such as news reporting, criticism, education, and research” addresses the issue of copyright infringement. This reflects the spirit of copyright law, which seeks to balance social interests and individual rights by allowing limited use for specific purposes.
When quoting another person’s work, it must be done within a reasonable scope and in a manner consistent with fair practices. However, the problem lies in the interpretation of “reasonable scope” or “fair practices.” First, a reasonable scope can be interpreted as requiring that there be a necessity to quote another work in one’s own work, and that there be a kind of principal-subordinate relationship between the content of one’s own work and the quoted portion.
In other words, fair use is established only when the portion created by the author constitutes the main part, and the portion of another work is quoted as a subordinate part to highlight the theme contained therein or to prove the validity of the argument.
Fair practice is determined based on the purpose for which the quoted portion is used and the value it possesses. The purpose of the quotation is deemed legitimate based on the social and cultural context, and it should be interpreted in a way that promotes the public interest. In particular, if the quotation enhances the value of the new work or contributes to social discussion, it can be considered consistent with fair practice. For example, citing a work as source material for a news report, or citing it to comment on or prove one’s own or another’s theories or claims, may be considered fair use. Such citations should not be mere reproductions or imitations but should respect the originality of the creator and be made in a way that creates new value.
The purpose of allowing fair use under copyright law is to contribute to the improvement and development of culture by enabling subsequent creators and readers to utilize works of academic or artistic value as easily as possible. This plays an important role in fostering a cultural ecosystem where creators can share their works and new creations can develop based on existing works. However, even in cases of fair use, the obligation to cite sources should be strictly adhered to, as this aligns not only with legal principles but also with moral obligations. Failing to cite sources constitutes copyright infringement, as it amounts to plagiarism rather than fair use. Therefore, when quoting any part of another person’s work, it is common practice to distinguish the quoted portion by using quotation marks or changing the font to a different style from the main text. Such proper citation respects the rights of the original creator, enables a fair evaluation of the quoted work, and provides readers with the opportunity to accurately identify the source of the quoted content.
