Assertion: copyright's use | /r/HasProperty | fair
Facets:
value: in light of all four factors
type: CAUSE
value: the less that is used
type: OTHER
value: under this factor
type: OTHER
value: legally
type: MANNER
value: the more likely
type: MANNER
value: in actuality
type: OTHER
value: presumptively
type: DEGREE
value: under u.s. copyright law
type: OTHER
Source sentences:
text: Often, it’s difficult to know whether a court will consider a proposed use to be fair.
text: Additionally, “transformative” uses are more likely to be considered fair.
text: In order for a certain use to be a fair dealing, it must fall within one of these purposes and must also be 'fair'.
text: If you intend to use someone's copyrighted work, unless the use is considered a "fair use" (which is technically a defense to copyright infringement), you must obtain that person's written permission.
text: Uses that harm the copyright owner's ability to profit from his or her original work by serving as a replacement for demand for that work are less likely to be fair uses.
text: (The more someone takes, the less likely it is that the use is fair.)
text: The section lists four factors that must be assessed to determine whether a particular use is fair.
text: The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is fair under U.S. copyright law.
text: Whether or not a use is “fair” can only be effectively determined by a court.
text: Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair.
text: This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below.
text: Generally, courts recognize that if the borrowing is not excessive, that if it advances the creation of a new work, and if it does not undercut the market for the original work, the use is fair.
text: For each decision, we have provided a brief summary of the facts, the relevant question(s) presented, and the court’s determination as to whether the contested use was fair.
text: If you are concerned as to whether a particular use is fair, however, or believe that someone has made an unauthorized use of a copyrighted work in a manner that is not fair, it is best to consult an attorney.
text: Each possible use of an existing work must be looked at in detail and the law spells out several factors that determine whether a use is fair.
text: Even after considering all relevant issues, the result is usually in impression that a particular use is “likely to be fair” or “not likely to be fair.
text: Even after considering all relevant issues, the result is usually in impression that a particular use is “likely to be fair” or “not likely to be fair.
text: Nevertheless, it is possible for use of unpublished materials to be legally fair.
text: Nevertheless, it is possible for a use to be fair even when it causes market harm.
text: Since even experts usually only make a "best guess" as to whether a use is fair or not, it's not easy task to think through whether a use you want to make is a fair use.
text: Inc. This means that in litigation on copyright infringement, the defendant bears the burden of raising and proving that the use was fair and not an infringement.
text: Judge Pro noted that "Noncommercial, nonprofit use is presumptively fair. ...
text: The law sets up four factors, similar to the U.S. fair use factors (see above), for determining whether a use is fair.
text: If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair
text: There is a four-factor analysis which must be applied to each use to determine whether the use is fair.
text: Should someone claim that their copyright has been infringed, the court can reduce the amount of money damages if the alleged infringer can show that they understood the fair use analysis and made a good faith determination that their use was fair.
text: A common misconception is that any for-profit use of someone else's work is not fair use and that any not-for-profit use is fair.
text: In actuality, some for-profit uses are fair and some not-for-profit uses are not; the result depends on the circumstances.
text: Using material from primarily factual works is more likely to be fair than using purely fictional works.
text: In determining whether or not a particular use is fair, the law states that at least four factors should be taken into should be taken into consideration:
text: If you want to use a work for an educational purpose, does this mean the use is fair?
text: In addition, use of an unpublished work is less likely to be considered fair.
text: Additionally, “transformative” uses are more likely to be considered fair.
text: In addition, use of an unpublished work is less likely to be considered fair.
text: In general, the less that is used in relation to the whole, the more likely the use will be considered fair.
text: Fair Use Fair use is one of the exceptions in copyright which allows use of copyrighted materials without obtaining permission as long as the use can be considered fair.
text: Creative works have more protection than factual ones, so the more creative a work is the less likely the use will be considered fair under this factor.
text: For example, non-commercial use is more likely to be considered fair than commercial use (where the unlicensed user stands to benefit monetarily from the use of the protected work).
text: For example, non-commercial use is more likely to be considered fair than commercial use (where the unlicensed user stands to benefit monetarily from the use of the protected work).
text: Use of a fact-based work (scholarly, technical, scientific, etc.) is more likely to be considered fair than that of more “creative” work (novel, poem, photograph, etc.).
text: Use of a fact-based work (scholarly, technical, scientific, etc.) is more likely to be considered fair than that of more “creative” work (novel, poem, photograph, etc.).
text: To help clarify things, four factors determine whether the use of an image is considered “fair”:
text: Certain exceptions only apply if the use of the work is a ‘fair dealing’.
text: the copying of works in any medium as long as the use is solely to illustrate a point, it is not done for commercial purposes, it is accompanied by a sufficient acknowledgement, and the use is fair dealing.
text: Corporate copyright policies often provide guidelines for determining whether a use may be considered fair use.
text: __ Factors for Fair Use Evaluate the use for each factor and then make a good faith determination as to whether the use, in light of all four factors, can be considered fair use.
text: Some educational uses of copyrighted works are fair uses, and some uses are not.