What is fair use?

Fair use is a legal doctrine used by courts to determine if the unauthorized use of copyrighted material is legally permissible. It is a feature of copyright law in the United States, and is enshrined in the Copyright Act of 1976. Fair use allows for the limited use of copyrighted material without the permission of the copyright holder for certain purposes, such as criticism, commentary, news reporting, teaching, scholarship, or research. Generally speaking, four factors determine if use of a copyrighted work is fair use: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion taken, and the effect of the use upon the potential market of value of the copyrighted work. In Florida, as in other states, fair use is an affirmative defense to most claims of copyright infringement, and must be proven by the defendant. Fair use is an important aspect of copyright law in Florida and throughout the United States. It promotes creativity, encourages free speech, and gives individuals more freedom to express themselves without fear of legal repercussions.

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