What do you need to know about the fair use theory in copyright law

1. T H E A N Y C I T Y W R I T E R ' S C L U B P R E S E N T S What do you need to know about the fair use theory in copyright law? W E F I N D B E S T L A W Y E R S F O R Y O U WHAT IS THE DEFINITION OF COPYRIGHT? Copyright refers to an author’s, artists, composers, or other creators’ inherent right to control the use of their work. A copyrighted work may not be duplicated, disseminated, or appropriated by others without the author’s permission. Furthermore, the creator has control over the Work’s public presentation or performance. FACTORS THAT GO INTO ASSESSING WHETHER OR NOT SOMETHING IS FAIR USAGE UNDER COPYRIGHT LAW, THERE IS A DOCTRINE. As courts endeavored to establish a compromise between copyright owners’ rights and society’s wish to allow limited copying, the notion of fair use arose. This philosophy is founded on the notion that not all copying should be prohibited, particularly in socially significant endeavors such as criticism, news reporting, education, and research. UNDERSTAND THE AIM AND NATURE OF THE USER, SUCH AS WHETHER IT IS COMMERCIAL OR EDUCATIONAL: The way the party alleging fair use is using the copyrighted Work is taken into account by the courts, and nonprofit educational and noncommercial uses are more likely to be determined to be fair. This is not to suggest that all nonprofit educational and noncommercial uses are fair, or that all commercial uses are unjust; rather, courts will consider the purpose and type of the user in conjunction with the other factors indicated below. Furthermore, applications that are “transformative” are more likely to be seen positively. Transformative uses provide something new to the Work, such as a new purpose or character, rather than replacing the Work’s original purpose or character. THE COPYRIGHTED WORK’S NATURE: This component evaluates how well the Work used relates to copyright’s objective of encouraging creative expression. As a result, claiming fair use for more artistic or speculative Work (such as a novel, film, or song) is less likely than claiming fair use for real Work (such as a technical article or news item). Furthermore, the use of unpublished work is less likely to be considered fairly. ABOUT THE COMPLETE COPYRIGHTED WORK, THE AMOUNT AND QUALITY OF THE COMPONENT COPIED: In this regard, courts assess both the quantity and quality of copyrighted material used. Fair use is less likely to be found when a large portion of the Original Work is used; fair use is more likely when only a small quantity of copyrighted material is used. Some courts, however, have found that using a whole work is permitted under specific circumstances. In other situations, it was found that using even a small section of a copyrighted work was not fair because the selection was a significant part of the Work —the “heart” of it. ISSUES THAT WILL BE MADE FINAL BY THE COURT DUBAI | United Arab emirates +971 50 5071820 leads@lawyersindubai.com +971505071820 https://www.lawyersindubai.com/