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Fair Use Questions

What is fair use?

Fair use is defined as the limitation and exception to the right that is allowed by the copyright law from the author of material. In the United States copyright law, fair use is a policy that allows a certain amount of use of a copyrighted material without obtaining permission from the original owner. Fair use can cause many individuals to question if they are committing plagiarism. For more information about the fair use of copyright material, read below to find Expert answers.

Does the fair use law in the state of Louisiana apply to a musical video that does use pre-recorded copyrighted taped music?

According to the fair use laws that is related to giving a false impression, the individual can only use the original work as what is needed to get the creative expression passed on to others. Someone cannot overuse the original work, if the individual does this then it is no longer related to fair use and that is when the copyright infringement comes up.

In the United States does the fair use law protect violating objects that are passed online and rank in online searches?

In this case, if the online searches only show links, then there should be no violation. Without any copyright violation, there will be no reason to decide as to if fair use is involved. Fair use only takes place is when someone copies another object or material that is copyrighted, this now indeed is considered a violation.

If someone loses a fair use argument that was directed to using some copyrighted lines for a book that was sold, what can happen?

If someone loses a fair use argument, then this individual can be looking at copyright damages, this could also be looked at as statutory damages, and this could harm the individual’s profit. With that being said if the individual is just simply quoting a couple sentences from another object in order to look at or contest its material, this is considered fair use. With that being said the more an individual quotes from a copyrighted material the more risk and damage that person will be facing.

In the state of Missouri if a tutor copied pages from a book in order to prepare students of a test would this be covered under the fair use law?

According to the Section 107 of the Copyright Act a court will review the following reasons:
1. The purpose and character of the use, including whether such use is of 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
4. The effect of the use upon the potential market for, or value of, the copyrighted work.

In this case, this could be considered a commercial nature, the type of copyrighted work are for test problems, and the part of the work seems equally if it consists of less than 2% of the copyrighted work, and the work is being taken place in a limited private tutoring setting. There is no promise that the court will understand the reason, it occurs that the use of the copyrighted material will more than likely be covered under the fair use policy.

According to the fair use laws and whether or not someone is violating the fair use laws of each and every state, these requirements can often times be confusing and if someone does violate these laws there will be consequences for that person. So before you copy or use someone else’s work be sure to check with the local laws to protect yourself. If you are unaware of these laws contact the Experts for more information.

Ask an IP Lawyer

Alex Reese
Alex Reese, Lawyer
Category: General
Satisfied Customers: 2749
Experience:  Experienced in intellectual property law
14461494
Type Your Intellectual Property Law Question Here...
characters left:
IP Lawyers are Online Now

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    Rate the answer you receive.

IP Lawyers are online & ready to help you now

Alex Reese
Lawyer
Satisfied Customers: 2588
Experienced in intellectual property law
Robert McEwen, Esq.
Lawyer
Satisfied Customers: 387
Licensed Texas General Practice Attorney
Thomas Swartz
Lawyer
Satisfied Customers: 374
Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Recent Fair Use Questions

  • I have been downloading pictures from the internet (Bing photo

    I have been downloading pictures from the internet (Bing photo searches) for personal use in short stories. There is little or no information as to the source of the photos that are gathered in the search. If I publish a story that has such a photo included, am I in violation of copyright laws? Also, must an individual or company who creates the photo file for a copyright to be protected by copyright laws or does the law automatically attach to the creators the photo?
    Thanks, Larry
  • This is a follow-up to my question about the use of poems from

    This is a follow-up to my question about the use of poems from famous authors and writing from those who have reflected on nature. Most are deceased. We use the poems/writings as reading for our Sunday Service. The Services are done via blogtalkradio and they are automatically recorded and available for people to listen via archive (free of charge,) does this then become a copyright concern as the Service is no longer 'live', if any of the poems or writings have a copyright on them?
    Thanks.
  • I recorded some videos while in the Philippines at a restaurant

    I recorded some videos while in the Philippines at a restaurant of the entertainment there (juggling, contortionist, magic show, etc). They didn't have a problem with me recording it but am I okay publishing it on youtube and monetizing it? Also they played some music during the show. Would I have to remove the audio or get permission from whoever owns that music?
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