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October 2015

Fair Use is an Exception to Copyright Law

October 27, 2015

I am frequently asked by clients if they can make use of someone else’s intellectual property. The myths abound. Here are three: Just because it’s an educational use doesn’t mean it’s a fair use (although it helps). Just because something lives in the public eye doesn’t mean it’s not protected by copyright or other intellectual property laws. (Consider the Hollywood Sign which is protected by trademark law.) Just because you’ve taken less than 10% of a work doesn’t mean you aren’t infringing on the copyright for that work

Copyright owners also operate under misconceptions. The most common mistake is believing that when a third party cannot prove fair use, its use of a copyrighted work will be considered infringing.

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