What's Fair About Fair Use? Defending a Copyright Infringement Claim
⇒ What is "fair use"? ⇒ Does the fair use defense only work in the United States? ⇒ How does fair use related to trademark, copyright and patent law? ⇒ What's the big deal about fair use? Why do we care? ⇒ There are four factors to consider when determining whether you are illegally infringing someone’s copyright or merely employing fair use of the material: → The purpose and character of the use, including whether such use is of a commercial nature or is nor nonprofit educational purposes; → The nature of the copyrighted work. → The amount and substantially of the portion used in relation to the copyrighted work as a whole; and → The effect of the use upon the potential market for or value of the copyrighted work. ⇒ But I thought I had a First Amendment Right to free speech. ⇒ Specific Applications. → Can I quote someone on my website? → Can I post someone else’s graphic on my website if I give credit to them? → Is my software vulnerable to fair use? → Is parody considered “fair use�
