What is fair use?

Fair use is an exception to the copyright laws of the United States that allows limited use of copyrighted material without permission from the copyright holder. The purpose of fair use is to allow the public to use copyrighted material for education, research, criticism, and other purposes. In Delaware, fair use is defined by Section 107 of the US Copyright Act. The four factors that are taken into account when determining fair use are: (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used, and (4) the effect of the use on the potential market for or value of the copyrighted work. All four factors must be considered together in determining whether a particular use is fair. Ultimately, fair use is meant to provide an avenue for legal use of copyrighted material without needing to gain the permission of the copyright holder and must be evaluated on a case-by-case basis.

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