Copyright — Defense— - Affirmative Defense - Fair Use is a legal doctrine that allows for the limited use of copyrighted material without the permission of the copyright holder. It is a legal defense that protects the user of copyrighted material from copyright infringement. The doctrine is based on the principle of ensuring that copyright law does not impede the public's right to access and benefit from creative works. The doctrine of Fair Use provides important exceptions to the exclusive rights of copyright holders, allowing for permissible uses such as criticism, comment, news reporting, teaching, scholarship, and research. Generally, the four factors considered when determining whether something qualifies as Fair Use are: (1) the purpose and character of the use, (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, and (4) the effect of the use upon the potential market for or value of the copyrighted work. Different types of Fair Use include educational use, parody, news reporting, criticism, and commentary. Each situation must be evaluated on a case-by-case basis. The doctrine of Fair Use is important for ensuring that creativity and innovation are not stifled by overly restrictive copyright laws.
Copyright - Defenses - Affirmative Defense - Fair Use
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FAQ
Under the doctrine of "fair use," the law allows the use of portions of copyrighted work without permission from the owner. Fair use is a defense to copyright infringement. This means that an unauthorized use of copyrighted material is excusable if it falls under the principle of fair use.
§ 107) One who is not the owner of the copyright may use the copyrighted work in a reasonable way under the circumstances without the consent of the copyright owner if it would advance the public interest. Such use of a copyrighted work is called a fair use.
Innocence (proving there was no reason to believe the work was copyrighted) The use is with a license agreement in place (this can shift liability to the licensor) Abandonment (a claim that the owner failed to enforce it's rights, thereby abandoning the right) Misuse of copyright by the copyright owner.
Fair use of copyrighted works, as stated in US copyright law, ?for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.?
By a cinematograph films copyright or broadcast or by any means of photographs. Reproduction of the judicial proceeding or of a report of the judicial proceeding. Publication or reproduction of the musical, literary, dramatic, or artistic work in any work prepared by the secretariat of the legislature.
Generally, there are two main defenses that can be raised against a copyright infringement claim: (1) challenging the alleged copyright owner's claim to ownership; and (2) challenging an alleged violation of a right.
Public Domain If a work is no longer protected by copyright law, a defendant cannot be liable for infringement. A copyright in a work does not last forever. Eventually, the work goes into the public domain. That means it is no longer protected by copyright law, and anyone can use it without permission.
What Are the Most Common Defenses Available in Copyright Infringement Cases? Defense #1: There is no substantial similarity between the original work and the new work.Defense #2: Use of the work was licensed.Defense #3: The fair use doctrine applies.Defense #4: The plaintiff does not own the copyright.