Copyright - Defenses - Affirmative Defense - Fair Use

• Category: Federal - Jury Instructions - 11th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-11THCIR-9-25
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions 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 — 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.