Fair Use Provision of Copyright Law
The doctrine of fair use provides certain exceptions to the exclusive rights enjoyed by a copyright holder by permitting individuals to use or make copies of an author's work without the author's permission. "Fair use" is one defense that someone can raise if he is accused of copyright infringement.
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What's Considered Fair Use?
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Fair use is typically applied to copyrighted material that is used for educational, research and scholarly purposes, or to make a public commentary or critique. for example, an instance in which a music professor plays a sound recording to a class to demonstrate techniques used by a composer is considered fair use.
Fair Use and Electronic Media
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A 1984 Supreme Court decision (Sony Corporation of America v. Universal City Studios) makes "time-shifting" fair use. This ruling allowed people to tape a television show for later, private viewing. Similarly, "burning" a copy of a music CD to a computer is also fair use, as long as no additional copies are made and distributed.
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How Courts Determine Fair Use
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Fair use is often decided on a case-by-case basis. Federal copyright law (17 U.S.C.) establishes four factors that courts are required to consider in determining fair use.
Four Factors of Fair Use
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Fair use is determined by the purpose and character of the use: Is the use commercial, or is it for nonprofit, educational purposes? The nature of the work is examined. The fair use exception favors factual material over work that is highly creative. Courts also consider the amount used compared to the work as a whole. However, the most important factor in determining fair use is if the use had an effect on the market value of an author's work.
Is it Fair Use?
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According to the U.S. Copyright Office, if there is any question if unauthorized use constitutes fair use, the best route to take is to get permission from the author before using the work.
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