Fair use as a concept stands on very tricky grounds. One cannot
just be sure if the ground will stick through as fair use or not. In the
scenario where such a matter reaches the courtroom, the time and finances that
are invested into settling the dispute, many a times outweighs the benefit
reaped out of the use in the first place.
For all those people who have been taking shelter of
acknowledgments and disclaimers are not really safe. The very fact that one has
acknowledged the original author in his or her use of the protected work does
not preclude the person from their liability in a suit of infringement. The fact that the original author has been cited
can support the author in his claim of infringement; if he chooses to retort to
the claim of a person infringing upon his right of publicity.
The fact that a disclaimer has been added to the use of the
protected work does not preclude the user from his liability towards
infringement. A disclaimer stands to prove stronger grounds for fair use, but
does not stand as a ground for defense in its own merit.
One of the best ways to avoid any claims of copyright
infringement is to abstain from using the protected material without the
explicit permission of the original author. Apart from the usual factors which
are taken into consideration while judging an instance of fair use,
consideration of acknowledgements and disclaimers proves to be a viable option
for the courts.
- Bagmisikha Puhan
