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: