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[edit]
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[edit]
Bibliography[edit]
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.
