For fair use trademark law, see Fair use (U.S. trademark law). For the broadband bandwidth management policy, see Fair Usage Policy.
For fair use of copyrighted works on Wikipedia, see Wikipedia:Non-free content.
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Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement.[1] The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.
The doctrine of "fair use" originated in common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied and "stifling the very creativity which [copyright] law is designed to foster."[2][3] Though originally a common law doctrine, it was enshrined in statutory law when the U.S. Congress passed the Copyright Act of 1976. The U.S. Supreme Court has issued several major decisions clarifying and reaffirming the fair use doctrine since the 1980s,[4] the most recent being in the 2021 decision Google LLC v. Oracle America, Inc.
^Aufderheide, Patricia; Jaszi, Peter (2011). Reclaiming Fair Use: How to Put Balance Back in Copyright. University of Chicago Press. pp. 10–11. ISBN 978-0-226-03228-3. Retrieved April 16, 2018.
^Cite error: The named reference Gyles was invoked but never defined (see the help page).
^Nimmer on Copyright § 13.05, quoting Iowa State Research Foundation, Inc. v. American Broadcasting Companies, 621 F.2d 57 (2d Cir. 1980).
Fairuse is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright...
An acceptable use policy (AUP), acceptable usage policy or fairuse policy (FUP) is a set of rules applied by the owner, creator, possessor or administrator...
The FairUse Project is part of the Stanford Center for Internet and Society at Stanford Law School. Founded in 2006, it offers legal assistance to "clarify...
and Innovation Revitalizing United States Entrepreneurship Act of 2007" (FAIRUSE Act) was a proposed United States copyright law that would have amended...
directly relate to fair dealing: Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright) (educational use exception to fair dealing) and...
"Toward a FairUse Standard", 103 Harv. L. Rev. 1105 (1990), is a law review article on the fairuse doctrine in US copyright law, written by then-District...
Nominative use, also "nominative fairuse", is a legal doctrine that provides an affirmative defense to trademark infringement as enunciated by the United...
In United States copyright law, transformative use or transformation is a type of fairuse that builds on a copyrighted work in a different manner or...
history of fair-use proposals in Australia is a series of Australian government enquiries into the introduction of a "flexible and open" fairuse system into...
exclusive right of copyright. Unlike the related United States doctrine of fairuse, fair dealing cannot apply to any act which does not fall within one of these...
subject to limitations based on public interest considerations, such as the fairuse doctrine in the United States. Some jurisdictions require "fixing" copyrighted...
Friedman stated in June 2021 that "training ML systems on public data is fairuse", a class-action lawsuit filed in November 2022 called this "pure speculation"...
transformative enough that a strong fairuse argument could be made today, but Warhol’s appropriation is undeniable. Similarly, Warhol used the Campbell’s Soup logo...
type of non-infringing use, fairuse is "authorized by the law" and a copyright holder must consider the existence of fairuse before sending a takedown...
state of copyrights and fairuse to make limited classes of allowance for fairuse which would be considered lawful means of using circumvention technology...
likely to be fairuse. This does not mean that all nonprofit education and noncommercial uses are fairuse or that all commercial uses are not fair. Instead...
Millennium Copyright Act and considering limitations and exceptions such as fairuse. In February 2023, Beato released an extensive interview video with Keith...
for personal use was fair. In Sega v. Accolade, the 9th Circuit held that making copies in the course of reverse engineering is a fairuse, when it is...
the doctrine of "fairuse" to digitise them for preservation. The plaintiffs said in response, "if ever there were a theory of fairuse invented for litigation...
movements, religion, and healthcare. Although some argue memes deserve fairuse protection, use of media from pre-existing works can sometimes lead to issues with...
treating video game reviewers unfairly by threatening them with strikes. Fairuse is a legal rationale for reusing copyrighted content in a limited way,...
with the consent of the author, unless the use is a fairuse. Traditional copyright control limits the use of the work of the author to those who either...
certain circumstances, or at least don't forbid it. Some countries also have fairuse-type laws which allow unauthorized copies to be made under certain conditions...
Well known limitations and exceptions include fair dealing in the UK and Canada, as well as the fairuse doctrine in the US. The undermining of copyright...
gold. Fair trade labelling organizations commonly use a definition of fair trade developed by FINE, an informal association of four international fair trade...
25, 2019. Duncan 2003, p. 122. "Hold the Chicken – Five Easy Pieces", fairuse video clip Crane, Robert. Jack Nicholson: The Early Years, Univ. Press...
for the purpose of personal, non-profit and non-professional use" under their fairuse laws. Elsagate Hagi, Sarah (1 September 2018). "The viral 'Johnny...
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