17.22 Copyright-Affirmative Defense-Fair Use

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US-JURY-9THCIR-17-22
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 17.22 Copyright-Affirmative Defense-Fair Use is a legal defense to a copyright infringement claim which allows a person to use copyrighted material without permission from the copyright holder, under certain circumstances. Fair Use is based on four factors: the purpose and character of the use, 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. Fair Use is further divided into two main categories: educational and non-commercial. Educational Fair Use includes uses such as criticism, comment, news reporting, teaching, scholarship, and research. Non-commercial Fair Use includes uses such as parody, satire, and news reporting.

17.22 Copyright-Affirmative Defense-Fair Use is a legal defense to a copyright infringement claim which allows a person to use copyrighted material without permission from the copyright holder, under certain circumstances. Fair Use is based on four factors: the purpose and character of the use, 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. Fair Use is further divided into two main categories: educational and non-commercial. Educational Fair Use includes uses such as criticism, comment, news reporting, teaching, scholarship, and research. Non-commercial Fair Use includes uses such as parody, satire, and news reporting.

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17.22 Copyright-Affirmative Defense-Fair Use