What is Considered as "Fair Use" of Copyrighted Material?

“Fair Use” doctrine - the copyrighted work of others is not infringed upon if it is used for fair purposes such as:

  • Criticism
  • Commentary
  • News reporting
  • Teaching
  • Scholarship
  • Research
  • Religious performance
  • Nonprofit performance

Factors to consider when determining whether the work was used under the “Fair Use” doctrine:

  • Purpose and character of the use (commercial vs. not-for-profit, e.g. a book was used for education)
  • Nature of copyrighted work (published vs. unpublished)
  • Amount and substantiality of the portion used in relation to copyrighted work as a whole (was the main part of the work used or just a short excerpt?)
  • Impact of the use on the market value of the work (how much the unauthorized use influences the ability of the owner to distribute his/her work at the marker and its price)

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