Tag Archives: fair use

Four Factors of Fair Use – The Fourth Factor: The Effect of the Use on the Potential Market

Assessing the fourth factor of fair use can be the trickiest, because one needs to consider existing and potential markets for the work, including secondary markets, which might include translations, movie rights, or images on mouse pads or coffee mugs. … Continue reading

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Four Factors of Fair Use – The Third Factor: The Amount and Substantiality of the Portion Taken

The third factor of fair use concerns itself with the amount of material used from a particular work. Have you used only what you need to achieve your purpose? Can you achieve your purpose without it, or with less? Is … Continue reading

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Four Factors of Fair Use – The Second Factor: The Nature of the Copyrighted Work

When assessing the second factor of fair use, think about the work itself. Courts tend to favor factual works over more highly creative works as a fair use. So an original poem or short story would garner stronger copyright protections … Continue reading

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Four Factors of Fair Use – The First Factor: The Purpose and Character of the Use

The first factor of fair use centers around why you are using the portion of copyrighted material, and what you want to do with it. The courts generally favor, and it is written into the fair use statute, that nonprofit … Continue reading

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Fair Use Week 2017 – The Four Factors of Fair Use

It’s Fair Use Week, and I’m going to be blogging for the week on the four factors of fair use. When is a use fair? How much of a work can I use? What should I think about when I’m … Continue reading

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Fair Use Week, Day Four: Stream It!

Today I’d like to highlight some webinars and videos that focus on fair use and its importance. The Association of Research Libraries (ARL) has put up links to five different videos on fair use from ARL Libraries. The videos cover … Continue reading

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Fair Use Week, Day Three: The Four Factors

The Fair Use doctrine in the U.S. copyright law is divided into four factors. It is the weighing of these four factors in an analytic process that help you determine whether your use of copyrighted material is “fair,” or whether … Continue reading

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Fair Use Week, Day Two: Court Cases

It’s day two of fair use week, and I’ve been thinking of some of the court cases that have dealt with fair use. Fair use is for everyone, and there have been some good decisions favoring its application recently. The … Continue reading

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Fair Use Week

It’s Fair Use Week! Fair use is an important exception in US Copyright Law. It allows you to use portions of copyrighted material without permissions, as long as the use is “fair.” To determine whether a use is fair, you … Continue reading

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