What is the copyright fair-use doctrine?

The copyright fair-use doctrine is a legal concept in North Carolina that allows people to use copyrighted material in certain situations without having to obtain permission from the copyright holder. This doctrine is found in Section 107 of the U.S. Copyright Act and allows for the reproduction of copyrighted material for certain use cases, such as criticism, comment, news reporting, teaching, scholarship, or research. In order for the use of copyrighted material to be considered “fair use”, the use must not excessively damage the market value of the original work. Additionally, the use must be limited to a specific purpose and the user must cite the original work. Although the U.S. Copyright Act provides some guidance with respect to fair use, determining whether a particular use of copyrighted material is “fair” is largely up to the courts. Courts consider four factors when determining fair use: (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 market for the original work. In North Carolina, the copyright fair-use doctrine helps to protect those who use copyrighted material for certain purposes and in certain situations. It allows for the limited use of copyrighted material for things like news reporting, teaching, and criticism, while at the same time protecting the rights of the original copyright holder.

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