MGMeia Limited
Company number:12553500
Registered in England and Wales
3A Newland Avenue
Scunthorpe DN15 7HR
England
+44 1724 339517
Business Plan approved by NEA 

 

Terms of Use

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Terms of Use www.mgmeia.com (“the Website”), MGranadoMusic U.K. ("the Business Face Book Page"), Mgmeia Promoters ("the Official Face Book Page"), www.mgmeia.com-@MGMeia ("the Twitter"), MGMEIA Ltd event - event_promoters_management ("the Instagram") and/or Mgmeia Promoters - @mgmeia_event_promoter ("the Tik Tok") is owned and operated by MGMEIA Limited (“our”, “us” and “we”).  We’re a company registered in England and Wales with registration number 12553500, and our registered office is 3A Newland Avenue, Scunthorpe DN15 7HR and info@mgmeia.co.uk is our email address.
These are the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and Tik Tok, terms of use (the "Terms"), which apply to the use of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and Tik Tok by end users.  By accessing the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, you agree to be bound by the Terms.

1 YOUR OBLIGATIONS

1.1 You will not:
1.1.1      use the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, (or any part of it) for any illegal purpose and you shall use it in accordance with all relevant laws;
1.1.2    upload or transmit through in the Website (mgmeia.com), Face Book Page (MGranadoMusic U.K. and Mgmeia Promoters), Twitter (@MGMeia.com), Instagram (MGMeia Ltd, @event_promoter_management) and/or Tik Tok (Mgmeia Promoters @mgmeia_event_promoter), any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience, racism, fake news or needless anxiety;
1.1.3    use the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, in a manner which may cause the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, to be interrupted, damaged, rendered less efficient, suspended or temporally suspended (the Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok,) or such that the effectiveness or functionality of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, is in any way impaired or violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, rights of confidentiality or rights of privacy);
1.1.4    create or publish a hypertext link to any part of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok,, or attempt any unauthorised access to any part or component of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, or make any publicity of your or other companies, bands, artist, without our prior written consent; and
1.1.5   copy or distribute any part of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, in any medium without our prior written consent; and
1.1.6    alter or modify any part of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok,, other than as may be reasonably necessary to use the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, for its intended purpose.
1.2    You agree that in the event that you have any right, claim or action against any end user of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, arising out of that end user's use of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, then you will pursue such right, claim or action independently of and without recourse to us.
1.3    You may only use the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, or the MGMeia name  for your personal and non-commercial use.

2    OUR RIGHTS

2.1 We reserve the right to:
2.1.1    modify or withdraw, temporarily or permanently, the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok; and/or
2.1.2    change these Terms from time to time.  Your continued use of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok,; and/or
2.1.3    monitor any activity and content associated with the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok.  We may investigate any reported violation of these Terms or complaints relating to the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok).
2.2    We will use our reasonable endeavours to maintain the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, as so you will not be eligible for any compensation because you cannot use any part of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, because of a failure, suspension or withdrawal of all or part of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, for any reason.

3    LINKS TO OTHER WEBSITES
We provide links to other websites or resources such as You Tube. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

4   ACCOUNTS
In order to use some parts of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok,, you may need to create an account. You must never use another Website user's account without obtaining their prior consent.   You must provide full and accurate information when you create your account with us. You are solely responsible for the activity that occurs on your account, and so we suggest that you keep your account password secure. You must notify us immediately if you are aware of any unauthorised use of your account. Your account will never be submitted on line but in order to info@mgmeia.co.uk

5    USER SUBMISSIONS
5.1    We may now or in the future allow the submission to the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, of videos and/or other communications or materials by users of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, (collectively "User Submissions"). User Submissions must comply at all times with these Terms and with any separate terms and conditions relating to such User Submissions that we may publish on the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, from time to time.
5.2    By submitting User Submissions to the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, you hereby grant:
5.2.1    to us, an irrevocable, perpetual, non-exclusive, transferable, royalty free, worldwide right and licence (with the right to grant sub-licences) to use, copy, modify, host, aggregate, share, prepare derivative works of, syndicate, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Submissions (and otherwise communicate such User Submissions to the public) through any media now known, or hereafter developed (including, without limitation, websites other than the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok), for any purpose whether commercial, advertising or otherwise; and
5.2.2    to each user of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, licence to access the User Submissions through the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok.
5.3    By submitting User Submissions to the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok you warrant, represent and undertake to us that:
5.3.1 you have full power and authority to grant the rights and licences relating to the User Submissions set out in this Agreement; and
5.3.2 the User Submissions you submit: do not infringe any third party's intellectual property rights (including without limitation copyright and/or trade marks), other proprietary rights or rights of publicity or privacy; do not violate any law, statute, ordinance or regulation; are not defamatory, libellous, unlawfully threatening or unlawfully harassing; are not obscene or pornographic; and do not violate any laws regarding unfair competition, anti-discrimination, any kind of racism or false advertising.
5.4    We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and, subject to clause 8 below, we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or any infringement of any other intellectual property rights on the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok. We reserve the right to remove the User Submissions without notice for any reason in our absolute discretion, including, without limitation, breach of the User Submission Conditions and/or breach of any intellectual property rights.
5.5     You acknowledge that when using the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto (subject to clause 6 below).
5.6    If you believe any of the User Submissions on the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us here info@mgmeia.co.uk

6    LIMITATION OF LIABILITY
6.1 WHILST WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE AND/OR THE FACE BOOK PAGE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
6.2    The Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, is provided on an "as is" and "as available" basis for your information and personal use only without any representation or endorsement.  Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, or products or services offered on the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
6.3   Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok or products or services offered on the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available or products or services offered on the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok.

6.4    Notwithstanding any other provision in the Terms, nothing shall limit your rights as a consumer under English law.
6.5   You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok by you.
6.6 We will not be liable in contract, tort (including, without limitation, negligence) or otherwise for:
6.6.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
6.6.2 any loss of goodwill or reputation; or
6.6.3 loss of data or use of data; or
6.6.4 any special or indirect or consequential losses, howsoever arising and in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
6.7 Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.

7    INDEMNITY
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE TERMS BY YOU OR ANY OTHER LIABILITIES INCURRED BY US ARISING OUT OF YOUR USE OF THE WEBSITE, BUSINESS FACE BOOK PAGE, OFFICIAL FACE BOOK PAGE, TWITTER, INSTAGRAM AND/OR TIK TOK, (INCLUDING WITHOUT LIMITATION, IN RELATION TO USER SUBMISSIONS), OR USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.

8   INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1    You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content contained within the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us.
8.2    You acknowledge and agree that the material and content contained within the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok is made available for your personal non-commercial use only and that you may print off one copy, and may download extracts of, any page(s) from the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok for such purpose. Any other use of the material and content of the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, commercially exploit or create derivative works of such material and content.
8.3    Except for Personal Data (as defined in our privacy statement), any information you submit to the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok, whether by way of comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Terms.
8.4    We reserve all rights not expressly granted in and to the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok and the content in the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok.

9    NOTICES
9.1 You may send us notices under or in connection with these Terms by email to info@mgmeia.co.uk
9.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which we will aim to send to you within five (5) working days of our receipt and should be retained by you.

10    GENERAL
10.1 If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
10.2 These Terms (as amended from time to time) contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Terms. You confirm that, in agreeing to accept these Terms, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms. However, nothing in these Terms purport to exclude liability for any fraudulent statement or act.
10.3    The Terms will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions. The Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok is controlled and offered by us from England. We make no representations that the Website, Business Face Book Page, Official Face Book Page, Twitter, Instagram and/or Tik Tok is appropriate or available for use in other countries.

11   ACCESSIBILITY
We take our responsibility for making accessible web content and software seriously. We are committed to ensuring accessibility for people with disabilities and to meeting current accessibility standards. Many Internet users with disabilities find websites difficult to use simply because of the way they are designed. We have designed out websites to be as accessible as possible and to be compatible with the types of adaptive technology used by people with disabilities, including screen readers.

Copyright © 2009 - 2021 Mgmeia Ltd

All videos contain the original link, thus redirecting to the author. As a policy of MGMEIA, our website, among many factors, helps to promote new bands. In this sense, we'll did not upload anything that is not owned by MGMEIA Ltd, in our Youtube account, thus leaving the original video on the channel of the owner to which it belongs.

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Fair Use

The policy behind copyright law is not simply to protect the rights of those who produce content, but to "promote the progress of science and useful arts." U.S. Const. Art. I, § 8, cl. 8. Because allowing authors to enforce their copyrights in all cases would actually hamper this end, first the courts and then Congress have adopted the fair use doctrine in order to permit uses of copyrighted materials considered beneficial to society, many of which are also entitled to First Amendment protection. Fair use will not permit you to merely copy another’s work and profit from it, but when your use contributes to society by continuing the public discourse or creating a new work in the process, fair use may protect you.

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Section 107 of the Copyright Act defines fair use as follows:

[T]he 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. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --

the purpose and character of the use, including whether such use is of a commercial nature or is for non profit educational purposes;

the nature of the copyrighted work;

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

and the effect of the use upon the potential market for or value of the copyrighted work.

Unfortunately, there is no clear formula that you can use to determine the boundaries of fair use. Instead, a court will weigh these four factors holistically in order to determine whether the use in question is a fair use. In order for you to assess whether your use of another's copyrighted work will be permitted, you will need an understanding of why fair use applies, and how courts interpret each part of the test.

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The Four Fair Use Factors

1. Purpose and Character of Your Use

If you use another's copyrighted work for the purpose of criticism, news reporting, or commentary, this use will weigh in favour of fair use. See Campbell v. Acuff-Rose Music, 510 U.S. 569, 578 (1994). Purposes such as these are often considered "in the public interest" and are favoured by the courts over uses that merely seek to profit from another’s work. Online Policy Group v. Diebold, Inc., 337 F. Supp. 2d 1195, 1203 (N.D. Cal. 2004). When you put copyrighted material to new use, this furthers the goal of copyright to "promote the progress of science and useful arts."

In evaluating the purpose and character of your use, a court will look to whether the new work you've created is "transformative" and adds a new meaning or message. To be transformative, a use must add to the original "with a further purpose or different character, altering the first with new expression, meaning, or message." Campbell, 510 U.S. at 579. Although transformative use is not absolutely necessary, the more transformative your use is, the less you will have to show on the remaining three factors.

A common misconception is that any for-profit use of someone else's work is not fair use and that any not-for-profit use is fair. In actuality, some for-profit uses are fair and some not-for-profit uses are not; the result depends on the circumstances. Courts originally presumed that if your use was commercial it was an unfair exploitation. They later abandoned that assumption because many of the possible fair uses of a work listed in section 107's preamble, such as uses for purposes of news reporting, are conducted for profit. Although courts still consider the commercial nature of the use as part of their analysis, they will not brand a transformative use unfair simply because it makes a profit. Accordingly, the presence of advertising on a website would not, in of itself, doom one’s claim to fair use.

If you merely reprint or repost a copyrighted work without anything more, however, it is less likely to qualify for protection under this prong. If you include additional text, audio, or video that comments or expands on the original material, this will enhance your claim of fair use. In addition, if you use the original work in order to create a parody this may qualify as fair use so long as the thrust of the parody is directed toward the original work or its creator.

Moreover, if the original work or your use of it has news value, this can also increase the likelihood that your use is a fair use. Although there is no particular legal doctrine specifying how this is weighed, several court opinions have cited the newsworthiness of the work in question when finding in favour of fair use. See, e.g., Diebold, 337 F. Supp. at 1203 (concluding "[i]t is hard to imagine a subject the discussion of which could be more in the public’s interest”), Norse v. Henry Holt & Co., 847 F. Supp. 142, 147 (N.D. Cal. 1994) (noting "the public benefits from the additional knowledge that Morgan provides about William Burroughs and other writers of the same era").

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2. Nature of the Copyrighted Work

In examining this factor, a court will look to whether the material you have used is factual or creative, and whether it is published or unpublished. Although non-fiction works such as biographies and news articles are protected by copyright law, their factual nature means that one may rely more heavily on these items and still enjoy the protections of fair use. Unlike factual works, fictional works are typically given greater protection in a fair use analysis. So, for example, taking newsworthy quotes from a research report is more likely to be protected by fair use than quoting from a novel. However, this question is not determinative, and courts have found fair use of fictional works in some of the pivotal cases on the subject. See, e.g., Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417, 456 (1984).

The published or unpublished nature of the original work is only a determining factor in a narrow class of cases. In 1992, Congress amended the Copyright Act to add that fair use may apply to unpublished works. See 17 U.S.C. § 107. This distinction remains mostly to protect the secrecy of works that are on their way to publication. Therefore, the nature of the copyrighted work is often a small part of the fair use analysis, which is more often determined by looking at the remaining three factors.

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3. Amount and Substantiality of the Portion Used

Unfortunately, there is no single guide that definitively states how much of a copyrighted work you can use without copyright liability. Instead, courts look to how such excerpts were used and what their relation was to the whole work. If the excerpt in question diminishes the value of the original or embodies a substantial part of the efforts of the author, even an excerpt may constitute an infringing use.

If you limit your use of copyrighted text, video, or other materials to only the portion that is necessary to accomplish your purpose or convey your message, it will increase the likelihood that a court will find your use is a fair use.

Of course, if you are reviewing a book or movie, you may need to reprint portions of the copyrighted work in the course of reviewing it in order to make you points. Even substantial quotations may qualify as fair use in "a review of a published work or a news account of a speech that had been delivered to the public or disseminated to the press." Harper & Row, Publishers, Inc. v. Nation Enters., 471 U.S. 539, 564 (1985). However, substantial quotations from non-public sources or unpublished works do not enjoy the same protections.

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4. The Effect of Your Use Upon the Potential Market for the Copyrighted Work

In examining the fourth factor, which courts tend to view as the most important factor, a court will look to see how much the market value of the copyrighted work is affected by the use in question. This factor will weigh in favour of the copyright holder if “unrestricted and widespread” use similar to the one in question would have a “substantially adverse impact” on the potential market for the work.

Although the copyright holder need not have established a market for the work beforehand, he or she must demonstrate that the market is "traditional, reasonable, or likely to be developed." Ringgold v. Black Entm't TV, 126 F.3d 70, 81 (2d Cir. 1997). An actual effect on the number of licensing requests need not be shown. The fact that the original work was distributed for free, however, may weigh against a finding that the work had publication value. See Nunez v. Caribbean Int'l News Corp., 235 F.3d 18, 25 (1st Cir. 2000). Likewise, the fact that the source is out of print or no longer sold will also weigh in favour of fair use.

The analysis under this factor will also depend on the nature of the original work; the author of a popular blog or website may argue that there was an established market since some such authors have been given contracts to turn their works into books. Therefore, a finding of fair use may hinge on the nature of the circulated work; simple e-mails such as those in the Diebold case (discussed in detail below) are unlikely to have a market, while blog posts and other creative content have potential to be turned into published books or otherwise sold. In addition, the author of a work not available online, or available only through a paid subscription, may argue that the use in question will hurt the potential market value of that work on the Internet.

Assessing the impact on a copyrighted work’s market value often overlaps with the third factor because the amount and importance of the portion used will often determine how much value the original loses. For instance, the publication of five lines from a 100 page epic poem will not hurt the market for the original in the same way as the publication of the entirety of a five-line poem.

This fourth factor is concerned only with economic harm caused by substitution for the original, not by criticism. That your use harms the copyright holder through negative publicity or by convincing people of your critical point of view is not part of the analysis. As the Supreme Court has stated:

[W]hen a lethal parody, like a scathing theatre review, kills demand for the original, it does not produce a harm cognizable under the Copyright Act. Because "parody may quite legitimately aim at garrotting the original, destroying it commercially as well as artistically," the role of the courts is to distinguish between '[b]iting criticism [that merely] suppresses demand [and] copyright infringement[, which] usurps it.'"

Campbell, 510 U.S. at 591-92 (citations omitted).

The fact that your use creates or improves the market for the original work will favour a finding for fair use on this factor. See Nunez, 235 F.3d at 25 (finding fair use when the publication of nude photos actually stirred the controversy that created their market value and there was no evidence that the market existed beforehand).

In summary, although courts will balance all four factors when assessing fair use, the fair use defence is most likely to apply when the infringing use involves criticism, comment, news reporting, teaching, scholarship, or research. In addition, some general rules of thumb can be helpful in analysing fair use:

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A use that transforms the original work in some way is more likely to be a fair use;

 

A non-profit use is more likely to be considered a fair use than a for-profit use;

 

A shorter excerpt is more likely to be a fair use than a long one; and

 

A use that cannot act as a replacement for the original work is more likely to be a fair use than one that can serve as a replacement.

Some Special Considerations

Publishing the Contents of Private Letters and E-Mail (including letters from lawyers threatening legal action): Fair use may protect the publication of the content of private letters and email, including communications from lawyers threatening legal action. As mentioned above, unpublished materials sometimes enjoy greater protection than published documents. Although an author may argue that the "unpublished" nature of his or her correspondence warrants a finding against fair use, such an argument carries weight only when the use involves a heretofore secret work “on its way” to publication, which is never the case for lawyers' cease-and-desist letters. Recently, two students at Swarthmore college posted an archive of internal emails among Diebold employees; an online newspaper linked to the archive in an article critical of Diebold’s voting machines. A court held that although the emails were not published, publishing them was nonetheless protected by fair use. Diebold, 337 F. Supp. 2d at 1203. The court found that the important fourth fair use factor weighed in favour of fair use because Diebold had no intention of selling the archive for profit and therefore it lost no value when the archive was published online. The court also noted the students and newspaper use was intended to support criticism of the company, which was a transformative use under the first factor.

Copyright as a Tool to Silence Criticism: Sometimes, copyright owners try to use copyright law as a weapon to squelch speech that is critical of them or their works of authorship. For example, in Savage v. CAIR, a conservative radio host has filed a copyright infringement lawsuit against the Council on American-Islamic Relations for using excerpts of his radio show in order to criticize his rabidly anti-Muslim views and to call for sponsors to withdraw their support from his program. CAIR's use of these audio excerpts, and similar uses of copyrighted material in order to criticize a copyright owner, are almost certainly protected by fair use. As EFF argues in its brief asking the court to dismiss Savage's lawsuit:

The fair use doctrine exists precisely to prevent copyright holders from doing what Savage attempts here -- abusing a limited monopoly granted to encourage creativity to punish dissenters and to chill speech aimed at criticizing copyrighted works. For all his ironic appeals to the First Amendment, Savage asks this Court to punish CAIR for publicly criticizing the offensive content of his radio program. That CAIR's criticism might result in Savage losing popularity (and advertisers) is of no moment to either a free speech or copyright infringement analysis and indeed, should be expected in the marketplace of ideas that the First Amendment and Copyright Act strongly protect.

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However, MGMEIA Ltd uses video images, audio reproduction partial or total, as well as photos, with the proper authorization of the owners, thus having in our possession a written copy that reserves the right to publish them, but nevertheless there is certain partial or total video images and audio reproduction as well as photos, in which not getting written permission, we apply FAIR USE through Copyright Disclaimer as required by social media platforms. MGMEIA Ltd, does not have the purpose or want to make monetary profit with the work of others, uses for the purpose that it describes the Copyright Disclaimer, leaving all the monetary credits and references the same to the authors, although in the case of photos that we cannot find the author of the same we send credit to the author of the photos describing "PHOTO CREDIT: FOR THE AUTHOR" and/or “PHOTO SEARCHED ON GOOGLE ALL CREDITS TO THE AUTHOR” and/or “PHOTO OBTAINED BY PRINTSCREEN”. We remind you that the basic principle of MGMEIA is the dissemination of new talents and news in the artistic and musical world, the monetary profit of MGMEIA Ltd, comes from events held by us and/or our sponsors.

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*Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favour of fair use. No copyright infringement intended. ALL RIGHTS BELONG TO THEIR RESPECTIVE OWNERS*