What is fair use?

Fair use is a legal concept in Texas copyright law that allows the limited use of copyrighted material without requiring permission from the copyright holder. Fair use is determined by considering four factors: the purpose and character of the use; the nature of the copyrighted work; the amount and substantiality of the portion used; and the effect of the use on the potential market for or value of the work. Generally, the more transformative a work, the more likely it is to be considered fair use. Transformative works are those that add new expression or meaning to a copyrighted work, like using a copyrighted song in a new parody. Additionally, educational and non-commercial uses are generally favored to be considered as fair use. However, there are many exceptions. Even if the use is educational, non-commercial, or transformative, it may still be considered copyright infringement if it creates a meaningful financial impact on the original work and its creators. In short, fair use is a complex matter that requires a full understanding of the law and the specifics of the use.

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