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LSDefine

Simple English definitions for legal terms

fair use

Read a random definition: feu duty

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 If it is unpublished, it also favors fair use.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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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