Copyright law fair use provision

  • Copyright provides an owner of a material with exclusive economic rights to do certain acts with that material.
    These rights include the right to copy and the right to communicate the material to the public.
    Copyright also provides authors and performers with non-economic rights, known as moral rights.
Fair use permits a party to use a copyrighted work without the copyright owner's permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

Factor 1: The Purpose and Character of The Use

The first factor mostly focuses on whether the use is commercial or non-commercial and whether the use is transformative.
If a use is commercial it is less likely to be fair use and if it is non-commercial it is more likely to be fair use.
Transformative uses are those that add something new, with a further purpose or different character, and do no.


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