2 ms·
That has to be the worst summary of Fair Use I've seen in a long time. It's such a short section too, it's a wonder they didn't copy-paste it verbatim like a pr
by Jach 15y ago
That has to be the worst summary of Fair Use I've seen in a long time. It's such a short section too, it's a wonder they didn't copy-paste it verbatim like a proper reporter should:
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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
- liber8 15y agoIt is a horrible summary of Fair Use. Unfortunately, posting the statute itself is also a horrible, and nearly meaningless, summary of Fair Use as well. The doctrine is so case driven that you simply cannot understand the boundaries without delving deep into the chaotic and often nonsensical caselaw.