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Fair Use

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  • Fair use is a legal concept which allows copyrighted work to be published in a different context without first getting the copyright holder's permission. In the United States, the fair-use law applies to all copyrighted work, regardless of medium, format or publication status. Fair-use and copyright law vary by country.US Copyright Office: Fair Use
  • Fast Facts

    1. The fair-use doctrine addresses literary, artistic, and audio/visual media.Cornell University: Copyright law: Fair use
    2. The fair-use doctrine was formally adopted as part of U.S. copyright law in 1976.US Copyright Office: Title 17
    3. The most common applications of the fair-use doctrine include teaching in the classroom, reviewing or critiquing a work, and reporting on a news event.Cornell University: Copyright law: Fair use
    4. Individuals are generally not liable for copyright infringement if, in good faith, they believe that their uses comply with the fair-use doctrine.University of Texas library: Copyright Crash CourseCornell University: Copyright Law: Remedies for infringement
  • Guidelines

    Fair use is determined on a case-by-case basis, per guidelines written into 17 USC § 107, or "Limitations on Exclusive Rights: Fair Use." The law outlines several key factors to be considered when determining if copying complies with fair use:Cornell University: Copyright law: Fair use

    1. The purpose and character of the use;
    2. The nature of the use;
    3. The proportion used as it relates to the copyrighted work as a whole; and
    4. The effect of such use on the potential market-value of the copyrighted work.

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