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Fair Use
A copyright is
a legal protection that gives the owner of a work the exclusive
right to reproduce it, distribute copies, prepare derivative
works, and perform or display it publicly. Copyrighted works
include any original works such as printed articles from
publications, magazines, books, television and radio programs,
videos, DVDs, music, Internet sites, and photographs. Copyright
protection begins automatically when the work is created in some
fixed form and does not require any formal legal filing or
copyright notice.
The "fair use"
of a copyrighted work, including its reproduction, may be
permitted on a case-by-case basis. the following factors are
considered in determining fair use:
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The
purpose and character of the used, including whether such
use is of a commercial nature or is for nonprofit education
purposes*.
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The nature
of the copyrighted work.
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The amount
and substantiality of the portion used in relation to the
copyrighted work as a whole.
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The effect
of the use upon the potential market for or value of the
copyrighted work.
*Using copyrighted
materials for educational purposes does not in itself afford
protection under the fair use doctrine.
updated:
November 10, 2008
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