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The "fair use" exception applies when a portion of a copyrighted work is used for purposes of, criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.
Wiki User
∙ 14y ago
Wiki User
∙ 12y ago"Fair use" is an exception in the copyright laws which allows limited use (for purposes of critique, parody, or scholastically) of copyrighted material without requiring permission from the copyright holders.
The law itself is deliberately vague, which often leads to frustration. Because it's quite short, here is the entire section:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Wiki User
∙ 10y agoFair use (or in some countries, fair dealing) is written into copyright law itself, and is intended to allow certain limited unlicensed uses in cases such as commentary and education.
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What are the penaties for fair use?
Fair use is an exemption to copyright law; using it carries no penalties.
When does the copyright law allow the use of copyright material?
You may use copyright protected material when you are the copyright holder, or when you have permission from the rightsholder or an exemption in the law. The most notable exemption is fair use or fair dealing, which allows certain limited unlicensed uses in situations such as education and commentary.
How does your teacher manage to photocopy things without breaking copyright law?
Included in the copyright law is the notion of "fair use," which allows certain specific unlicensed uses such as this. See the link below for a good discussion of copyright and fair use in the classroom.
What USC is fair use covered under?
Copyright law is US Code Title 17, and fair use is section 107 of it.
What is copyright infrigement?
Infringement is the use, without permission, of copyrighted material that does not fall under a "fair use" or other exception to copyright law,
What is the paradox between copyright and fair use?
It's not strictly a paradox; fair use is a clause in the copyright law allowing certain limited unlicensed uses. It is only one of many limitations, defenses, and exceptions to the exclusive rights of the copyright holder.
What has the author Aneeta Brown written?
Aneeta Brown has written: 'Copyright law for the church' -- subject(s): Church newsletters, Copyright infringement, Fair use (Copyright)
What has the author Bruce A Lehman written?
Bruce A. Lehman has written: 'The Conference on Fair Use' -- subject(s): Conference on Fair Use, Fair use (Copyright), Information superhighway, Law and legislation
What is fair criticism?
"Fair use" or "fail dealing" is a concept in copyright law which allows certain limited unlicensed use of protected materials in cases such as education and criticism.
What are the consequences when you break fair use laws?
Fair use is a small part of copyright law that allows certain unlicensed uses of protected works. If you use protected works, without a license, in a manner not addressed by the fair use clause (in other words, if your use is not fair), your use would be infringing. Copyright infringement is punishable by fines ranging from $750 to $30,000.
What is extension of copyright law that allows limited use of copyrighted works?
Fair use (or fair dealing in some countries) is one of many limitations, defenses, and exceptions within copyright law. It is intended to allow certain limited uses of protected works in situations such as education and commentary.
How does copyright abuse threaten the first amendment?
In some instances, copyright law is seen to be in opposition to freedom of speech: you can say whatever you want, but you can't say what he just said, because he owns it.The fair use clause of copyright law goes some way toward easing the tension, but uneven application of fair use has led to an environment in which a use is assumed to be infringing unless the user can prove otherwise: essentially you're guilty until proven innocent. As stated in the Techdirt article linked below,"...if we really believe in the First Amendment and that fair use is supposed to protect it from over aggressive use of copyright law to censor, then fair use should be assumed, and the legal burden for proving that a use is not fair should fall on the copyright holder."
