What Fair Use Myths will you find out aren’t true?
Many myths persist about fair use, an essential right that allows the use of copyrighted material without permission from the copyright holder under certain circumstances. We debunk some of the most common fair use myths here.
Read more about Fair Use Week 2017 at PSU here.
- Fact: Fair use is a right that accommodates the First Amendment.
- Fact: The US Constitution clearly states that the purpose of the intellectual property system is to “promote the progress of science and the useful arts.”
- Fact: Fair use is a right that exists in addition to specific exceptions.
- Fact: The statute, numerous court decisions, and best practices provide ample guidance.
- Fact: Courts have upheld fair use for commercial entities and commercial uses in a wide range of cases.
- Fact: Numerous circuits have upheld mirror-image copies as transforma- tive and applied fair use.
- Fact: Fair use or fair dealing is a doctrine widely incorporated around the world.
- Fact: Fair use is a exible standard and all four statutory factors are considered together.
- Fact: Fair use has a long history and the 1976 Copyright Act simply codi ed a common law practice.
- Fact: Fair use is a fairly predictable doctrine.