2 Comments for Explain The Fair Use Doctrine Of Copyright Law And Describe The Factors Considered In Determining Whether A?

• 1. Wordpress Plugins  |  July 14th, 2009 at 12:29 am

  The “fair use” doctrine emerged in courts as they determined that not all copyright infringement violates the “public policy” of protecting the authors’ and artists’ rights. Four or the most common factors found in such cases were eventually legislated as a statutory defense to copyright infringement. In other words, after the prosecution or plaintiff has proven the initial case of “ownership, access, copying, damage,” the defense can attempt to prove that the copying was a “fair use” and thus technically not an infringement.
  According to the Copyright Office Factsheets, some types of “reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research.”
  “Four factors to be considered in determining whether or not a particular use is fair:
  1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. 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.

• 2. Nighthaw  |  July 14th, 2009 at 2:55 am

  Copyrights is the protection of the works of artists and authors giving them the exclusive right to publish their works or determine who may so publish.
  Following the enactment of the Copyright Act of 1976, almost all copyright law in the United States is governed by federal statute (Title 17, U.S.C.) This abrogated a system in which state common law copyright protected works prior to “publication” and the federal statute protected works following publication. A small class of art work which are not fixed in a tangible medium may still be protected by common law copyright.
  Under current federal law, copyright protection for most works is for the life of the author plus 50 years.
  I hope this answers your question.

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