6 | Copyright and Fair Use

Copyright laws exist to protect an author's original works, including texts, music, art, and other creative expressions. These protections ensure that creators, artists, filmmakers, musicians, and other innovators maintain control of how their works are utilized, spread, and distributed online. Creators have exclusive rights to reproduce, distribute, and display their works, and are protected from their creations being used without their knowledge, credit, or consent. 

Fair use doctrines, in contrast, allow audiences to use these materials to contribute to discourse, education, research, and scholarship without being penalized. These protections allow the public to discuss, interpret, criticize, and explore these works, maintaining the balance between protecting property and encouraging conversation. 

Copyright Laws

The University of North Texas defines copyright as a "property right given to authors that allows them to control, protect, and exploit their artistic works." They state that under this umbrella term lie three main elements that a work must possess in order to be protected by copyright in the United States:

1. Originality: the work must be that of the author's and isn't a copy of another work;
2. Creativity: the work only needs to have a small amount of creativity to be protected by copyright; and
3. Fixation: as soon as the idea is recorded, written down, or otherwise captured, it's "fixed" and copyright is applicable 

According to the U.S. Copyright Office, many types of creative works are protected under copyright laws: music, paintings, photographs, logos, sound recordings, books, poems, blog posts, movies, television series, plays, and more. But there are some elements, like titles, names, short phrases, slogans, symbols, designs, lettering, or even the listing of ingredients, that don't fall under this umbrella. Copyright merely protects creative expression, not the underlying ideas, procedures, methods, systems, processes, principles, or discoveries themselves. 

The length of copyright protection depends on when the work was created. As of January 1, 1978, works created on or after this date have a copyright term of life of the author, plus an additional seventy years after the creator's (or co-creator's, depending on whether it's a joint work) death. For works created under a pseudonym, "for hire," or by an anonymous source, these works are extended a 95-year copyright protection from publication, or 120 years from creation. When this happens, these works fall into public domain, meaning it belongs to everyone without restriction and audiences are free to manipulate, adapt, change, or create something new from the original work without penalty. 

But how do these laws protect? Well, according to the U.S. Copyright Office, copyright laws provide owners with exclusive rights to their works and creations, including the ability to:

• Reproduce the work in copies;
• Prepare subsequent works based upon the original;
• Distribute copies of the work to the public by sale or other transfer of ownership;
• Perform the work publicly by means of audio transmission, performance, or reading; and
• Display the work publicly 

Without these protections, creative works could easily be copied and used for profit without the creator's knowledge or compensation. These protections ensure that creators' works and creations aren't used without their consent, allowing them to maintain control over how their works are shared and used. They also provide an incentive for these innovators to keep expressing themselves, producing new creative content they know will never be exploited. 

Fair Use

Stanford describes fair use as a legal doctrine acting as a "defense against a claim of copyright infringement" in which any "copying of copyrighted material" can be done without permission. If something falls under fair use––for example, a comment, criticism, research, reporting, scholarship, or parody––it would not be considered an infringement. 

Although some creators are strict about copyright laws regarding their creations, fair use allows individuals to use portions of their works. According to the Copyright Alliance, four factors must be considered when determining whether something constitutes fair use: 

1. The purpose and character of use (does it fall under commercial use or non-profit educational purposes); 
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used; and
4. The effect of the use upon the potential market for or value of the copyrighted work

While copyright laws are enacted to protect a creator's work, fair use laws have been implemented to allow individuals to use limited portions of copyright material without needing permission from the original creator. By doing so, individuals are allowed to analyze and reference this material to benefit public discussion, scholarship, research, and creativity without feeling like they'll be penalized.

The Selena Quintanilla Case 

The legacy of Selena Quintanilla-Pérez has influenced generations, leading to the creation of merchandise honoring this beloved icon. 

But recently, Suzette Quintanilla, Selena's sister, has sued SHEIN, a Chinese fast-fashion e-commerce company, for selling unauthorized merchandise of her late sister's likeness. 

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According to PEOPLE, Suzette filed a complaint on Wednesday, March 11, 2026, accusing the company of manufacturing and selling clothing, including "countless T-shirts and related merchandise," with the singer's likeness without compensation or permission. The case began around August 1, 2025, when Suzette and Q-Productions, run by the Quintanilla family, sent SHEIN a cease-and-desist letter outlining trademark rights to the icon's image. The family-owned production company has used her trademark since 1993, incorporating her image into apparel, footwear, and accessories, all of which are registered under it.

However, despite this warning, SHEIN continued to sell clothing and merchandise featuring Selena without authorization from the family or company. 

[Picture above leads to source.]

According to PEOPLE, Suzette claims to be suing for "trademark infringement, unfair competition, and publicity rights." She's also seeking reimbursement made from merchandise through these sales and a court order compelling SHEIN to stop producing and selling the products. 

According to Tejano Nation, SHEIN has not issued a formal public response beyond removing the listings. When searching the site, audiences are greeted by a return message stating: "No results found for 'Selena."

Cases like this demonstrate how copyright and trademark work together to protect creative works and public figures from exploitation, highlighting the growing issue faced by celebrities in the digital age. Online retailers and third-party marketplaces have made it easier than ever for companies to produce and distribute these products quickly, without verifying the legal right to use these celebrities' names, images, or likeness before copyright and trademark owners have time to respond. Property laws remain essential in protecting artists, their families, and their legacies, ensuring creators have total control of how their merchandise is represented and preventing companies from profiting off these images.