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Fair Use

Fair Use

Definition

A legal concept, based on Section 107 of the Copyright Act, that allows for limited use of copyrighted work for certain purposes (e.g., criticism, commentary, news, education). Section 107 relies on four factors in judging fair use: (1) purpose and character of the use, (2) nature of the copyrighted work, (3) amount and substantiality of the portion used, and (4) effect of the use upon the potential market for or value of the copyrighted work. Fair use is particularly relevant in media professional liability, as use of copyrighted material that goes beyond fair use can result in increased liability exposures for insureds.

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