fair use doctrine


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Related to fair use doctrine: Digital Millennium Copyright Act

fair use doctrine

An exception within the U.S. copyright law that allows excerpts from copyrighted material to be quoted and used in another publication. For example, a paragraph excerpted from a book would be considered fair use as long as the original work is cited. However, if a poem in its entirety is only one paragraph, or as in the case with this publication, a definition in its entirety is only one paragraph, copying that one paragraph without permission is copyright infringement, not fair use.

Fair use may be legally interpreted on a case-by-case basis. For example, years ago in the Betamax litigation regarding videotaping, the court stated it was fair use to copy an entire movie for the purpose of watching it later.

How We Employ Fair Use
In this encyclopedia, we use images of vendor products under the fair use doctrine, because the image is already displayed on the vendor's public website and is available to everyone. Most importantly, our image caption explains what the product is and where it came from. However, if an image from a vendor's site were copied without permission for use as a background on another website or in an advertisement for another product or service, it would not be fair use.

Around the World
The U.S., Canada, Israel and South Korea have fair use policies. The rest of the world varies greatly with respect to the subject. See copyright.
References in periodicals archive ?
Act split the difference by codifying the fair use doctrine in general
the uniformity of the fair use doctrine across jurisdictions, it cannot
She calls the Fair Use Doctrine "a balancing act between proper use and possible exploitation.
The fair use doctrine is located at Title 17, section 107 of the United States Code.
8) The authors of the White Paper's suggested that the Fair Use doctrine could be limited in situations where technology allowed the copyright holder to charge a fee for uses normally considered fair use.
10) The Fair Use Doctrine functions as an exception to this general rule.
Otherwise, the cumulative effect of such unlicensed reproduction might well be greater than that which is allowable under the fair use doctrine within the Copyright Act of 1976.
pdf), a federal court in Atlanta found that most of GSU's practices were permitted under the Fair Use doctrine.
The Fair Use Doctrine is an exception to such exclusive rights, since it allows the use of a copyrighted work without the approval of the copyright owner.
For example, the Fair Use Doctrine statute is comparatively short; it simply outlines four factors that must be evaluated to determine if a use is fair.