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Legal Tip of the Day

Fair use involving copyrights

Daily Legal Tip for Wednesday, May 7, 2008

U.S. law permits limited ''fair'' use of copyrighted material without consent of the copyrighter. Fair use is an affirmative defense to a claim of copyright infringement. Courts consider four factors when determining whether an alleged copyright infringement falls under fair use: (1) the purpose and character of the use, including whether such use is of a commercial nature or for nonprofit educational purposes; (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. Parodies are a well-established and accepted form of fair use.

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