Thursday, June 4, 2009

Fair Use

Fair use is “a judicially created… exception to the copyright monopoly, in which permits an individual to use portions of copyrighted works for certain purposes without securing the copyright owners permission.” (245) The guidelines allow the public certain situations in which it is acceptable to use copyrighted work.
A work may be used for the purpose of criticism, comment, news reporting, teaching, scholarship, or research. There are four factors that are taken into consideration in determining a fair use case, which were found on the Cornell University Law School’s Website.

“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
4) The effect of the use upon the potential market for or value of the copyrighted work."

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