Fair Use

What Is Fair Use?

The Copyright Act gives copyright holders the executive right to reproduce works for a limited time period. Fair use is a limitation on this right. Fair use allows people other than the copyright owner to copy part or, in some circumstances, all a copyrighted work, even where holders has not given permission or objects.
Big image

How does fair use fit with copyright law?

It gives copyright holders a set of executive rights for a limited amount of time period as an incentive to create works that ultimately enrich society as a whole. Copyright law does not give copyright holders complete power over their works. But even before works enter the publis domain, the public is free to make "fair use" of the copyrighted work.

How does the court know if a use is fair?

1. The purpose and characters of the use of copyrighted work

~ Transformation quality - is the new work the same as the copyrighted work.

~ Commercial and noncommercial - Commercial use can still be fair use, but courts are still most likely to find fair use where the use is for noncommercial use.

2. A particular use is used more often to be considered fair when the work is copied and not creative.

3. The amount and substantially may need to make extensive use of the original work to get the point across.

4. Copyrighted material that serve a different audience or purpose are more likely to be considered fair.

Big image