What is fair use?

Fair use is a legal concept developed to protect authors and creators from infringement on their creative works. Under the fair use doctrine, an individual or group may use certain portions of a copyrighted work without the permission of the copyright holder. In Oklahoma, the fair use doctrine covers limited use of either published or unpublished material, such as for the purpose of criticism, comment, news reporting, teaching, scholarship, and research. In order to determine if the use of a copyrighted work is in accordance with fair use, Oklahoma courts typically apply the four-factor approach. This includes assessing: (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion taken, and (4) the effect of the use on the market for the copyrighted work. If a use is found to be fair, then the creator of the work cannot pursue a claim for copyright infringement against the user. However, a user should still be mindful of state and federal laws related to copyright and always seek permission for the use of any copyrighted work, if possible.

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