ABSTRACT
This chapter examines various guidelines for analyzing fair use, case studies of controversial fair use, creative commons licenses, and the gift economy. Fair use is one of those exceptions to copyright protection, and it can apply to a variety of individuals, including not only artists, but also analytic writers, researchers, critics, satirists, documentary film makers, parody-makers, news reporters, teachers, museums, and memory institutions. Many factors may be taken into consideration, and there is no set formula to ensure or guarantee fair use. Section 107 of the Copyright Act outlines how fair use is determined. There are circumstances when artists do not need to be concerned with fair use because the work falls in the public domain, meaning its copyright has expired or was forfeited by the creator. The Associated Press, the copyright owner of the photograph, demanded compensation from Shepard Fairey because he had used the photo without permission.
