Can I use copyrighted material as long as I give credit?

In Minnesota, the answer to the question of whether you can use copyrighted material as long as you give credit is largely yes, depending on the situation. Copyright law grants the creator exclusive rights to the use of certain works, including the right to decide who can use the work and how. That said, the law also allows for certain exceptions, such as when the use of the material is for educational, research, or non-profit purposes, or when it is “fair use.” Fair use is a legal principle that allows the reuse of copyrighted material for limited and “transformative” purposes, such as criticism, comment, news reporting, teaching, scholarship, and research. Factors that are taken into account when determining if the use of a copyrighted work is a fair use include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use upon the potential market for or value of the copyrighted work. Though it is important to remember that copyright ownership is secured automatically as soon as a work is created, if your use of copyrighted material falls under one of the exceptions, it may be allowable to use it provided you give the author or creator credit for their work. It is important to note, however, that this is not an absolute right and the exact details of each situation will determine the answer.

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