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LSDefine

Simple English definitions for legal terms

fair use

Read a random definition: in quibus infitiando lis crescit

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 If it is unpublished, it also favors fair use.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

General chat about the legal profession.
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Tell us what's important to you
9:32
it's a personal statement and essay grind typa day
Hi chowie
How'd you feel about your test
10:01
good morning y'all
Morning
10:37
Gecko, I feel pretty good. Two of the RC passages had really tough inference questions -- hoping I narrowed down my answer choices correctly
10:38
Very happy with LR other than having to guess on a couple questions cuz of time
10:42
i have a question about my personal statement. in my activism for the hospitality workers' union, i organized and spoke up in favor of stronger regulations on airbnb because the unregulated spread of airbnb throughout LA was inflating housing costs for workers and threatening their job security. do you think it's too divisive to mention regulating airbnb? idk
Nostradumbass
10:44
I wrote mine about how all activists should be consolidated into a large smelting pot and refined down to a viscous goo
Nostradumbass
10:45
Expecting a lot of rejections though
11:07
I'm sure you'll get a full ride to a few schools :P
11:11
The impression I get is most schools try not to judge based on the political implications of what you write about. They probably care more that you saw a problem and tried to fix it. That seems like a great thing to write a PS about @chowie
11:18
Besides, if a school didn’t let you in for trying to fix a problem you saw in your community, that doesn’t say great things about your school’s culture (assuming the thing you did showed good common sense judgment ofc)
11:19
That school’s* culture
11:23
Thanks Howl you're right :D I def talked about solving problems in my PS
12:03
@HowlEngineer: what's your dream school
MildChiller
12:08
"Have you applied for admission to [school] in a prior year" I applied in Oct. of the 23-24 cycle, should I put 23 or 24 as the year I applied?
MildChiller
12:09
Bcuz 2023 is when I technically applied but I applied for admissions in 2024
12:14
2024 cuz that's when you would've been admitted
I agree with Howl
12:19
Gecko what's ur dream school
Hard to say. I'm pretty firmly committed to the philly area so probably temple or villanova
Also relatively debt averse so I'd have to get a good scholarship from BC or Fordham to want to go but that's not very likely for me
Any advice? lol
[] baddestbunny
12:25
what’s a good scholarship for you? what would make BC or Fordham worth it?
12:25
Hmmmm let me think
[] baddestbunny
12:25
fordham’s max aid they give is 45k per year
Bunny I can possibly get a 75%+ scholarship from villanova or temple, and I'd be moving back in with my parents if I went there so I'd have near-zero COL. It'd be really hard to beat that
I would prefer BC over Fordham just because I like boston more, but I'm expecting a WL there tbh
I would maybe consider BC with $ but I don't know how to decide if a better biglaw chance is worth the COL + higher tuition
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