17.22 Copyright-Affirmative Defense-Fair Use

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FAQ

Factor 1: The Purpose and Character of the Use. Factor 2: The Nature of the Copyrighted Work. Factor 3: The Amount or Substantiality of the Portion Used. Factor 4: The Effect of the Use on the Potential Market for or Value of the Work. Resources.

Fair use of copyrighted works, as stated in US copyright law, ?for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.?

About Fair Use Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses?such as criticism, comment, news reporting, teaching, scholarship, and research?as examples of activities that may qualify as fair use.

Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: ?criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, and research.? Use for one of these ?illustrative purposes? is not automatically fair, and uses for other purposes can be

Titles, names, short phrases, and slogans are not protected by copyright law. Similarly, it is clear that copyright law does not protect simple product lettering or coloring, or the mere listing of product ingredients or contents.

Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: ?criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, and research.? Use for one of these ?illustrative purposes? is not automatically fair, and uses for other purposes can be

Fair Use Guidelines for Students You can use up to 10%, but no more than 1000 words, of essays, articles, or stories, of a single copyrighted work. You can use up to 250 words of an entire poem, or a portion of a poem.

Fair use is the right to use a copyrighted work under certain conditions without permission of the copyright owner. The doctrine helps prevent a rigid application of copyright law that would stifle the very creativity the law is designed to foster.

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17.22 Copyright-Affirmative Defense-Fair Use