Sunday, October 26, 2008

Fair Use

The Copyright Law allows for copyright works to be legally used for purposes such as criticism, comment, news reporting, teaching, scholarship, and/or research, so long as the work is "fairly used."

In determining whether the use in any particular case is a fair use Courts must consider four factors:

1) purpose and character of the use including whether such use is of a commercial nature or is for nonprofit educational purposes

2) nature of the copyrighted work

3) amount and substantiality of the portion used in relation to the copyrighted work as a whole

4) effect of the use upon the potential market for or value of the copyrighted work

The Copyright Management Center offers a Checklist For Fair Use. This checklist can help you determine if you qualify for fair use protection.

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