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  • Writer's pictureDeric Hollings

Fair Use


According to one source:


Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement.


Some of the photos, videos, quotes, intellectual property, and other material used within this blog are not the product of my own creation. When featuring such content, I make a good faith attempt at citing my sources.


Per another source, “Fair use is extremely favorable to many uses of cover images and movie posters.” I use many cover images and film-related content within my blog. Of this, a separate source states:


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;

2. the nature of the copyrighted work;

3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.


Currently, Hollings Therapy, LLC does not monetize blogposts. Therefore, fair use of material not created by me takes into account the aforementioned factors.


All references, clips, information, and other content that may be used by Hollings Therapy, LLC is for fair use commentary, criticism, and informational purposes. See Hosseinzadeh v. Klein, 276 F. Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Junkin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015); 17 U.S. Code § 107 - Limitations on exclusive rights: Fair use; Harper & Row v. Nation Enterprises.


Furthermore, the Copyright Laws of the United States recognizes a fair use of copyrighted content. In particular, section 107 of the U.S. Copyright Act states:


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.


The content expressed in this website (i.e., written material, audio content, video data, photos, etc.) and associated mediums (i.e., blog entries, YouTube channel(s), other social media content, etc.) in general may contain certain copyrighted works that were not specifically authorized to be used by the copyright holder(s), but which I believe in good faith are protected by federal law and the fair use doctrine for one or more of the reasons noted above.


If an individual or entity has any specific concerns about the use of such content or my position on the fair use defense, please contact me via the contact portal at the below-listed website link.


If you’re looking for a provider who works to help you understand how thinking impacts physical, mental, emotional, and behavioral elements of your life—helping you to sharpen your critical thinking skills, I invite you to reach out today by using the contact widget on my website.


As a psychotherapist, I’m pleased to help people with an assortment of issues ranging from anger (hostility, rage, and aggression) to relational issues, adjustment matters, trauma experience, justice involvement, attention-deficit hyperactivity disorder, anxiety and depression, and other mood or personality-related matters.


At Hollings Therapy, LLC, serving all of Texas, I aim to treat clients with dignity and respect while offering a multi-lensed approach to the practice of psychotherapy and life coaching. My mission includes: Prioritizing the cognitive and emotive needs of clients, an overall reduction in client suffering, and supporting sustainable growth for the clients I serve. Rather than simply helping you to feel better, I want to help you get better!



Deric Hollings, LPC, LCSW


References:


Casetext. (2015, October 13). Equals Three, LLC v. Jukin Media, Inc. Retrieved from https://casetext.com/case/equals-three-llc-v-jukin-media-inc

Cornell Law School. (n.d.). 17 U.S. Code § 107 - Limitations on exclusive rights: Fair use. Retrieved from https://www.law.cornell.edu/uscode/text/17/107

Enriquez, A. (2021, October 25). Q. How does fair use work for book covers, album covers, and movie posters? Penn State. Retrieved from https://psu.libanswers.com/faq/336502

Hollings, D. (2022, March 15). Disclaimer. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/disclaimer

Hollings, D. (n.d.). Hollings Therapy, LLC [Official website]. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/

Justia. (n.d.). Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985). Retrieved from https://supreme.justia.com/cases/federal/us/471/539/

Penn State. (n.d.). Fair use. Retrieved from https://copyright.psu.edu/copyright-basics/fair-use/

U.S. Copyright Office. (2017). Matt Hosseinzadeh v. Ethan Klein and Hila Klein: No. 16-CV-3081 (S.D.N.Y. Aug. 23, 2017). Retrieved from https://www.copyright.gov/fair-use/summaries/hosseinzadeh-klein-sdny2017.pdf

Wikipedia. (n.d.). Fair use. Retrieved from https://en.wikipedia.org/wiki/Fair_use

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