The Act of Borrowing Is Not Infringement

If you copy an entire article from an online publication and save it to a Word file for your reference, is it copyright infringement? No, it isn’t. The mere act of copying something is not inherently infringement. To further clarify this point, let’s say you’re at the library. If you photocopy the article, is it infringement? No. What if that same article is only available on microfiche? If you use your smartphone to take photos of the article, is it infringement? Nope.

How about if you proceed to handwrite, word for word, the article so that you have it for reference, is that infringement? Still no. The point here is that these are all methods for copying, and a method or technology that permits copying is not infringement. This extends to the sampling of sound recordings. Merely sampling a song does not constitute infringement, neither does using some of the exact sounds from the sound recording. Infringement occurs only when a substantial piece of a copyrighted work is used in another work without the copyright owner’s permission. Conversely, infringement does not occur when an insubstantial piece of a copyrighted work is used in another work without the copyright owner’s permission.