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Fair Use of Copyright

Author:CELEBLAWS, P.A.    Source:Original    Release time:2022-07-19 17:49    Browse volume:

In some situations, you may use another person’s copyrighted work without permission. This is known as “fair use.”

 

What is Fair Use?

Fair use is a legal doctrine that permits a person to use another’s copyrighted work without permission for certain limited purposes, such as criticism, commentary, news reporting, or research. It should be noted, however, that such limited purpose categories only seek to illustrate what might be considered fair use and are not examples of what will always be considered as fair use.

 

In fact, there are no bright-line rules for determining what constitutes fair use because every use must be judged on a case-by-case basis. The fair use doctrine establishes four factors courts must consider when deciding if a use constitutes as fair or infringing. The factors are as follows:

 

· 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.

 

While no single factor is conclusive and one factor may way more heavily than others, each factor must be considered.


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