| Fair
use is one of the exemptions in copyright which allows use of copyrighted
materials without obtaining permission as long as the use can be considered
fair. There is a four-factor analysis which must be applied to each use
to determine whether the use is fair. Each factor is given equal weight.
The goal is to achieve a balance between the rights of the copyright holder
with the rights of the public. Fair use is also technologically neutral
so the same analysis should be applied to any medium.
It is
important that the four factor analysis be understood and applied diligently,
should someone claim that their copyright has been infringed, the court
can reduce the amount of money damages if the alleged infringer can show
they understood the fair use analysis and made a good faith determination
that their use was fair. |