Dr. Fred Jones
The number one fear of the average businessperson is whether or not I’m going to get sued. Copying and using the intellectual property of another that goes beyond the fair
use exception is a good way to receive a cease and desist letter! That’s if the other side is nice. You may get a “Notice” you are being sued. We don’t want that to happen to you. So what is the fair use exception?
Fair use exception is a reasonable and limited us of a copyrighted work without the author’s permission, such as quoting from a book in a book review or using parts of it in a parody. Ref. Blacks Law Dictionary
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Fair Use Exception Doctrine: What is that?
Fair use exception doctrine provides a set of guidelines pursuant to which researchers, educators, scholars, and others may use copyrighted works without seeking permission or paying royalties. Fair use doctrine does not provide a right to use somebody else’s work, but presents a defense against accusations of copyright violation for people who reasonably believed that their use of a copyrighted work was fair use. That means that if your use is challenged, you will have the burden of proving that your use qualified as “fair use”. Ref: http://www.expertlaw.com/library/intellectual_property/fair_use.html
The Fair Use Exception is a defense to a claim of infringement depending upon 4 factors:
- the purpose and character of the use
- the nature of the copyrighted work
- the amount of the work used
- the economic impact of the use
We have heard it said that defense wins Super Bowls. The same is true with the law. A good defense wins. With that in mind, seek written permission to use the materials of another, that is a sure way to qualify for the fair use exception!
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Frederick D. Jones, J.D. is an accomplished author, professor, and attorney. His books, About My Father’s Business, An Act of Bravery and Through A Teacher’s Eyes can all be found on Amazon. Book him as your next keynote speaker and your audience will thank you long after he is gone! For more information or to subscribe please visit http://drfredjones.com or Call: 318-617-7190
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