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The third factor assesses the amount and substantiality of the copyrighted work that has been used. In general, the less that is used in relation to the whole, the more likely the use will be considered fair. Using most or all of a work does not bar a finding of fair use. It simply makes the third factor less favorable to the defendant.
Like so many other legal terms, the hardest thing about understanding fair use isn't how it works, but rather that it has such an appealingly simple name -- one that seems to invite a lot of off ...
In addition, use of an unpublished work is less likely to be considered fair. Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Courts look at both the quantity and quality of the copyrighted material that was used. Using a large portion of the copyrighted work is less likely to be fair use.
If Defendant uses the mark as a trademark (i.e., a brand, product name, company name, etc.) or if Defendant uses the term in a suggestive manner, it is not descriptive fair use. Nominative fair use of a mark may also occur within the context of comparative advertising. [2] Under U.S. Supreme Court precedent, the fair use defense in trademark ...
Under section 107, the fair use of a copyrighted work is not copyright infringement, even if such use technically violates section 106. While fair use explicitly applies to use of copyrighted work for criticism, news reporting, teaching, scholarship, or research purposes, the defense is not limited to these areas. The Act gives four factors to ...
The more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use. Campbell is important in large part because of this statement, ordering that commerciality should be given less weight in fair-use determinations and transformation great weight.
If the image is tagged as Fair use, then most probably you cannot.See the Fair use section for more details. You can for all other images released under the Creative Commons Attribution-Sharealike 3.0 Unported License or a similarly free license provided you abide by the license conditions – include a link back to the wikipage for that picture or to the creator's website and license any ...
Well known limitations and exceptions include fair dealing in the UK and Canada, as well as the fair use doctrine in the US. The undermining of copyright law, and in particular limitations and exceptions to copyright by contract law is an issue frequently raised by libraries, and library groups such as International Federation of Library ...