Fair use is a legal doctrine that allows individuals to use copyrighted material without seeking permission from the copyright owner. This right is especially important for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Fair use helps balance the interests of copyright holders with the public's interest in accessing and using creative works.
Fair use is commonly invoked in various legal contexts, including civil law, particularly in copyright infringement cases. It serves as a defense for individuals or organizations that may otherwise be accused of violating copyright laws. Users can often manage fair use claims themselves with the right legal templates and resources, such as those offered by US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A teacher copies a chapter from a textbook to distribute to students for educational purposes. This may qualify as fair use.
Example 2: A film critic includes short clips from a movie in a review to comment on the film's quality. This is likely fair use as well.
The primary legal framework governing fair use is found in Title 17 of the United States Code, Section 107. This section outlines the criteria for determining fair use and provides guidance on how it should be applied in various situations.
| Term | Definition | Key Differences |
|---|---|---|
| Fair Use | Legal allowance to use copyrighted material without permission under specific conditions. | Focuses on educational, commentary, and research purposes. |
| Licensing | Obtaining permission from the copyright owner to use their work. | Requires payment or agreement, unlike fair use. |
| Public Domain | Works that are not protected by copyright and can be used freely. | Public domain works can be used without any restrictions, while fair use has specific criteria. |
If you believe your use of copyrighted material may qualify as fair use, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | None for fair use; licensing may incur costs. |
| Jurisdiction | Federal copyright law applies across the U.S. |
| Potential Penalties | Infringement can lead to legal action and damages. |
Fair use is a legal doctrine that permits limited use of copyrighted material without permission for specific purposes.