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What are the factors a court uses to determine whether a defendant's use of copyrighted material may be excused under the Fair Use doctrine?

What are the factors a court uses to determine whether a defendant's use of copyrighted material may be excused under the Fair Use doctrine?

ENGR.ECONOMIC ANALYSIS
ENGR.ECONOMIC ANALYSIS
14th Edition
ISBN:9780190931919
Author:NEWNAN
Publisher:NEWNAN
Chapter1: Making Economics Decisions
Section: Chapter Questions
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What are the factors a court uses to determine whether a defendant's use of copyrighted material may be excused under the Fair Use doctrine?

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The one and only way to know for sure whether or not a particular usage is legal is to have it decided in federal court. To settle fair use disputes, judges consider four considerations, which are detailed below. It's critical to remember that these variables are simply guidelines, and courts are free to tailor them to specific situations on an individual basis. In other words, while deciding on fair use, a court has a lot of leeway, therefore the conclusion in any specific instance can be unpredictable.

The four factors that court use are as follows:

  • The nature and purpose of your use
  • The copyrighted work's nature
  • The size and significance of the section taken
  • The potential market's impact on the use
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