Fair use is a concept that allows the use of copyrighted material without permission from the copyright owner under certain circumstances. It is a critical aspect of copyright law that ensures that creativity, innovation, and free speech are not stifled by strict copyright laws. Fair use provides a set of guidelines that allow for the use of copyrighted material in a reasonable and legal way, such as quoting short excerpts, using limited portions of a work, and creating parody or satire.
There are four factors that determine whether the use of any copyrighted material is considered fair use:
1. The purpose and character of the use, including whether such use is of 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.
It is important to note that no single factor determines whether a particular use of copyrighted material is fair use. Rather, the four factors should be considered together in determining whether a use is fair or not. Additionally, fair use is a defense to copyright infringement and not a right. This means that ultimately, a court would decide whether a particular use is considered fair or not.
It is important to understand and follow fair use guidelines when using copyrighted material, such as when creating educational materials or sharing content online. Violating copyright law can result in legal consequences, fines, and damage to your reputation. Knowing and respecting fair use guidelines can protect you and help you avoid these consequences.
UNIT 1
Internet Safety
LESSON 14
Fair Use
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