What is the copyright fair-use doctrine?
The copyright fair-use doctrine is a legal concept that allows for the use of copyrighted material in certain circumstances. It states that when someone is engaging in activities such as criticism, comment, news reporting, teaching, scholarship, or research, they can make use of another person’s copyrighted work without obtaining permission. Under copyright law in Texas, the fair-use doctrine provides an exception to the exclusive rights granted to copyright holders. The criteria for fair use is determined by four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the use, and the effect of the use upon the potential market for the copyrighted work. These factors help to evaluate whether or not the use of someone else’s copyrighted work is within the spirit of the fair-use doctrine. If you are using someone else’s copyrighted work in Texas, you must ensure that your use satisfies all four factors of the fair-use doctrine in order to be considered legal. Though it is widely used in the media, the fair-use doctrine is not a limitless license to use copyright material without permission, so ensure your usage is within these parameters.
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