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Fair Use DoctrineNavigation: Home > Entertainment and Sports Law > Fair Use Doctrine
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The fair use doctrine is a privilege in others than the owner of the copyright to use the copyrighted material in a reasonable manner without his consent. The reasonableness of a use is determined on a case-by-case basis applying an equitable rule of reason analysis. There are four factors in determining whether the use was a "fair use": 1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2) the nature of the copyrighted work; 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4) the effect of the use upon the potential market for or value of the copyrighted work. |
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