Does fair use apply to phonorecords?
§ 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of …
What percentage is fair use?
Generally speaking, the greater amount of the work is used, the less likely it will be considered fair use. Previously, courts endorsed the 10% rule— if a person uses less than ten percent (10%) of the total work or one (1) chapter of a book if the book has ten (10) chapters or more, then it is a fair use.
What section is fair use?
Section 107
Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.
What are the 5 reasons you can use copyrighted work that are fair use?
Factor 1: The Purpose and Character of the Use.
Where does the law on fair use come from?
The statutory fair use factors quoted above come from the Copyright Act of 1976, which is codified at 17 U.S.C. § 107. They were intended by Congress to restate, but not replace, the prior judge-made law.
Are there limitations on exclusive rights under fair use?
17 U.S. Code § 107 – Limitations on exclusive rights: Fair use. The doctrine of fair use applies to library photocopying, and nothing contained in section 108 “in any way affects the right of fair use.” No provision of section 108 is intended to take away any rights existing under the fair use doctrine.
What is the fair use doctrine in Section 107?
The statement of the fair use doctrine in section 107 offers some guidance to users in determining when the principles of the doctrine apply. However, the endless variety of situations and combinations of circumstances that can rise in particular cases precludes the formulation of exact rules in the statute.
When is non-commercial use a violation of fair use?
Non-commercial use weighs heavily in favor of finding that the infringement is fair use. Violations often occur when the use is motivated primarily by a desire for commercial gain. The fact that a work is published primarily for private commercial gain weighs against a finding of fair use.