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the nature of the copyrighted work; what amount and proportion of the whole work was taken; the effect of the use upon the potential market for or value of the copyrighted work. [81] In the United Kingdom and many other Commonwealth countries, a similar notion of fair dealing was established by the courts or through legislation.
Using a large portion of the copyrighted work is less likely to be fair use. However, courts have occasionally found use of an entire work to be fair use, and in other contexts, using even a small amount of a copyrighted work was determined not to be fair use because the selection was an important part—or the "heart"—of the work.
Under section 107, the fair use of a copyrighted work is not copyright infringement, even if such use technically violates section 106. While fair use explicitly applies to use of copyrighted work for criticism, news reporting, teaching, scholarship, or research purposes, the defense is not limited to these areas. The Act gives four factors to ...
75 years from publication or 100 years from creation, whichever is shorter (anonymous works). There is no revival of copyright in any work in which the copyright had expired before the coming into force in January 2023 of the extension of the term of copyright from 50 to 70 years. 50 years from publication (certain posthumous works) [56] Yes [56]
In United States copyright law though, "The copyright in an architectural work that has been constructed does not prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work – but only if the building in which the work is embodied is located in or ordinarily visible ...
Musicians copyrighted their publications of musical notation as literary writings, but performing copyrighted pieces and creating derivative works were not restricted by early copyright laws. Copying was widespread, in compliance with the law, but expansions of those laws intended to benefit literary works and responding to commercial music ...
In determining whether art. 35-3(1) above applies to a use of copyrighted work, the following factors must be considered: the purpose and character of the use, including whether such use is of a commercial nature or is of a non profit nature; the type or purpose of the copyrighted work; the amount and importance of the portion used in relation ...
"Notwithstanding a valid copyright, a subsequent compiler remains free to use the facts contained in another's publication to aid in preparing a competing work, so long as the competing work does not feature the same selection and arrangement," O'Connor wrote.
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