Fair Use and Public Domain
This article was first published here on October 1, 2010 and in continuation with the other articles I'm re-posting on the beast called 'copyright' this is an area of concern that comes up a lot.
The Copyright Act (17 USC § 107) creates an exemption from liability for infringement for certain “
fair uses” of copyrighted material. There is a
four factor analysis that is
fact specific and therefore, has to be
analyzed on a case-by-case basis. Therefore, it is subjective and different courts could interpret the factors differently.
The four factors that are to be weighed in any determination of whether the use of the copyrighted material is a fair use are: