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Simple English definitions for legal terms

fair use

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A quick definition of fair use:

Fair use is a defense in copyright law that allows people to use parts of someone else's work without getting in trouble for copyright infringement. There are four things that a court looks at to decide if something is fair use: 1) why the person is using the work, 2) what kind of work it is, 3) how much of the work they are using, and 4) if it will hurt the market for the original work. If the court decides that the use is fair, then the person using the work won't get in trouble for copyright infringement.

A more thorough explanation:

Fair use is a defense in copyright law that allows someone to use a copyrighted work without permission from the owner. The law lists four factors that courts use to decide if a use is fair:

  1. The character and purpose of the use
  2. The nature of the original work
  3. The amount taken from the original work
  4. The market effect to the original work

Courts weigh these factors to determine if the use is fair. If it is, the person using the work is not liable for copyright infringement.

The first factor looks at whether the use is for commercial or nonprofit purposes. Nonprofit uses are more likely to be fair. The court also considers whether the new work adds something new or is transformative. If it is, it is more likely to be fair. For example, a parody or satire is a type of transformative work.

The second factor looks at the nature of the original work. If it is factual instead of fictional, it is more likely to be fair. If it is unpublished, it also favors fair use.

The third factor looks at the amount taken from the original work. The court considers both the quantity and quality of what was taken. If a substantial amount was taken, it is less likely to be fair.

The fourth factor looks at the market effect of the use on the original work. If the use takes away from the market or potential market of the original work, it is less likely to be fair.

Examples of fair use include copying an article for personal use, using a small portion of a song in a review, and using a copyrighted work in a parody. In each of these cases, the use is transformative and does not take away from the market of the original work.

Overall, fair use is a way for people to use copyrighted works without permission in certain circumstances. The court considers several factors to determine if the use is fair.

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General

General chat about the legal profession.
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19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
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