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Home > Copyright Law > Fair Use > Fair Use Factors

Fair Use Factors

The fair use doctrine of copyright law is possibly the most difficult section of the law to apply, particularly to digital uses of works.

The fair use provision of Copyright law is intended to provide reasonable access to works without permission, when the use is limited and in the public interest rather than for commercial gain.

It is important to recognize that this provision does not grant individuals a broad right to run through the four factors and determine that their work is fair and proceed with impunity.

Rather, this provision sets forth some of the criteria to be used in evaluating whether or not a particular use is fair. There are no absolute measures for any of these factors and in the case of a dispute, only a federal court may rule on whether or not a particular use is fair.

 

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