What is the fair use doctrine?

What will be an ideal response?


The fair use doctrine allows someone to use a copyrighted work without fear of being sued. It is a defense to a claim of copyright infringement. While there is no bright-line test for what is fair and what is not, four factors are considered as to whether the use of another's work is a fair use: 17 U.S.C. §107 provides four factors to be considered in determining whether the use of another work is, in fact, a fair use:

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; and
4) the effect of the use upon the potential market for or value of the copyrighted work.

Legal Studies & Paralegal

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When can an attorney reveal a client confidence?

What will be an ideal response?

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