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LSDefine

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 If it is unpublished, it also favors fair use.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.

fair trade laws | false advertising

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shaquilleoatmeal
11:35
think jee
shaquilleoatmeal
11:35
jeez - im over it
11:37
imagine saying you want to go to boston for christmas 💀
shaquilleoatmeal
11:40
imagine you not wanting to go what lmao
13:55
not impressed by the fact that they have a park and some buildings. who doesn't
soap
15:04
Manifesting a GPA boost with the end of this semester
CynicalOops
15:13
Colorado mentioned
CynicalOops
15:18
Wait does boston have one of those long ice rinks
CynicalOops
15:18
Those are fun
15:23
what if I started flexing again
15:24
that might be too much
15:33
can we see ur mod badge?
15:41
just for u sweetie pie
15:43
woah so much swagger with dat 'm;
Dkk
15:47
@shaquilleoatmeal: more like, blow my back out by the bay boston instead of back bay boston.
Dkk
15:48
Indeed, the legendary man himself.
15:49
I would go to blow my back out by the bay boston
15:50
lift with ur back not your legs, its better to have a blown back than two bad legs
CynicalOops
15:53
Blow and back day out by boston bay
15:59
so true
Dkk
16:03
Of course. Man sad Ricky Henderson died. That was my favorite athlete of all time.
windyMagician
16:10
is it dumb that I rlly want to go to Mich even tho I have a full ride to umn
16:12
no-value as a consumer often means more than the price
Dkk
16:15
@windyMagician: Nah michigan is better than UMN
Dkk
16:15
My sister just officially graduated, yay!
16:16
awesome @Dkks sister
16:16
prolly named veronica or sarah
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