PikloDex:Fair use
Fair use is a concept in United States law that is used as a legal defense against a claim of copyright or trademark infringement.
In the case of trademarks, United States courts consider four factors in determining whether the fair use defense is available: the purpose and character of the disputed use; the nature of the copyrighted work; the significance of the portion used in relation to the work as a whole; and the effect of such use in the marketplace on the value of the copyrighted work.
As for trademarks, the secondary user must show that it is not using a descriptive, geographically descriptive, or personal name mark within the meaning of trademarks but is only using a mark to describe its goods or services, or the geographic origin of those goods or services, or to name the person who runs the business.
Fair use of copyrighted works
An author's rights in his or her works have some limitations, the most important of which is fair use. Fair use is considered to be the use of a work for the purposes of criticism, descriptive commentary, news reporting, teaching, and research. A few other factors are also taken into account when deciding whether a use of a work is fair:
- Whether the use is non-profit and educational or commercial;
- The portion of the work used;
- The effect of such use on the potential market or value of the protected work.
External links
Bibliography
The information has been translated from WikiDex, and by extension the Spanish Wikipedia. It is provided for informational purposes only, resulting in no legal implications of use.