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The recitation or performance of a work, if it had been made accessible to the public, and if done in private and free of charge. Performance of a work done under a charitable or religious institution shall also fall under this. [5]: Sec. 10.1 The quotation of published works if they are compatible with fair use and only to an extent.
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by ...
Wikipedia is a free resource for everyone. Because everyone can use it, copy it, and re-use it freely, it can't contain restricted, copyrighted material. You probably know that copying-and-pasting from a book or website and claiming it as your own work is plagiarism. That's the most egregious example, but it isn't the only one.
Finally, some courts find that all prongs of the Feist and Arnstein tests are met, but that the copying is nevertheless permitted under the fair use doctrine. Fair use analysis includes multiple factors, one of which is the "nature of the copyright work," and some courts find that factual works provide greater leeway for fair use than fictional ...
The European People's Party concluded that international instruments for the protection of copyright no longer seem capable of guaranteeing creators and investors a fair return on their activities while ensuring the public's access to information and respect for privacy.
Rights holders must consider fair use before issuing a takedown notice. If the notice is issued in bad faith, the rights holder could be held liable for misrepresentation. A.V. ex rel.Vanderhye v. iParadigms LLC: 562 F.3d 630: 4th Cir. 2009 Commercial online database of student papers for plagiarism detection purposes was fair use MDY Industries v.
The modern emphasis of transformativeness in fair use analysis stems from a 1990 article by Judge Pierre N. Leval in the Harvard Law Review, Toward a Fair Use Standard, [2] which the Supreme Court quoted and cited extensively in its Campbell opinion. In his article, Judge Leval explained the social importance of transformative use of another's ...
Instead, every such use for research or study must be evaluated individually to determine whether it is fair, similar to the notion of fair use in U.S. copyright law. Among the criteria used to determine the fairness of a use are the purpose and character of the dealing, the nature of the work, the possibility of obtaining the work commercially ...