1 year ago

'FACTS' Compliment The 'TRUTH'
'FEELINGS' Can Compilcate The 'FACTS'

Fair use act code
The Fair Use Act, codified in 17 U.S. Code § 107, provides the statutory framework for determining whether a use of copyrighted material is fair. The section states:

"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is 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.

The fact that a use is for nonprofit educational purposes or for criticism or comment does not necessarily mean that such use is fair. However, such use is more likely to be considered fair."