Fair Use Defense Under Copyright Law

The fair use doctrine is a defense available when a prima facie case of copyright infringement is proven. The infringer is able to argue that his infringement is acceptable based on certain legal factors. Some of the factors to be considered when presenting a fair use defense are, the nature and purpose of the use, the amount of the copyrighted work that has been used, the nature of the copyrighted work, and the market effect of this infringing use on the copyrighted work. These factors may give the infringer a potential mechanism to avoid liability.

The following questions have been addressed in this article:

What other limitations exist to limit the exclusivity of copyrights?
What about the right to free speech and the availability of the fair use defense?


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