Author Question: What is the fair use doctrine? What will be an ideal response? ... (Read 72 times)

abarnes · **on:** Aug 3, 2018

What is the fair use doctrine?

What will be an ideal response?

Question 2

Describe what LEXIS and WESTLAW cover.

What will be an ideal response?

Sweetkitty24130 · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

The fair use doctrine allows someone to use a copyrighted work without fear of being sued. It is a defense to a claim of copyright infringement. While there is no bright-line test for what is fair and what is not, four factors are considered as to whether the use of another's work is a fair use: 17 U.S.C. 107 provides four factors to be considered in determining whether the use of another work is, in fact, a fair use:

1) the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2) the nature of the copyrighted work;
3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4) the effect of the use upon the potential market for or value of the copyrighted work.

Answer to Question 2

These databases contain the full text of both federal and state cases reported in the official reporters over the past several decades, as well as direct case histories at the federal level.