15.24 Defenses-"Classic" Fair Use

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US-JURY-9THCIR-15-24
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 15.24 Defenses-"Classic" Fair Use is a legal defense that is used to protect copyrighted works from copyright infringement. It is a type of fair use exception, which allows the reproduction of copyrighted works without the permission of the copyright holder, as long as the copying is for a limited and "transformative" purpose. Examples of "Classic Fair Use" include news reporting, criticism, commentary, teaching, research, and parody. It is important to note that the four factors of fair use must be taken into consideration when determining if the copying of a copyrighted work is permissible under the "Classic Fair Use" defense. These factors are the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market for or value of the copyrighted work.

15.24 Defenses-"Classic" Fair Use is a legal defense that is used to protect copyrighted works from copyright infringement. It is a type of fair use exception, which allows the reproduction of copyrighted works without the permission of the copyright holder, as long as the copying is for a limited and "transformative" purpose. Examples of "Classic Fair Use" include news reporting, criticism, commentary, teaching, research, and parody. It is important to note that the four factors of fair use must be taken into consideration when determining if the copying of a copyrighted work is permissible under the "Classic Fair Use" defense. These factors are the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market for or value of the copyrighted work.

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15.24 Defenses-"Classic" Fair Use