Intellectual Property Legal Tip: Fair Use Factor
Who Out There Needs To Use Other People’s Work In Their New Creations? Do You Know How To Apply “Fair Use”?
DYK The Fair Use Doctrine allows you to use other’s copyrighted work!
Factor The Nature Of The Work
The nature of the work being used is just another factor to consider in determining whether the use of copyrighted material is indeed Fair Use. Fact-based works generally have a lower level of protection than fictional works (recall that facts themselves are not copyrightable)!
Unpublished works have a higher level of protection since copyright favors a creator’s ability to control the initial exploitation of a work.
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