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Examples of fair use in United States copyright law include commentary, search engines, criticism, parody, news reporting, research, and scholarship. [7] Fair use provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor test.
Descriptive fair use: Using a descriptive mark in an ordinary, descriptive manner to describe a product or service. For example, describing a component within a dehumidifier as "honeycomb-shaped" was a fair use of a registered trademark for HONEYCOMBE dehumidifiers. [1] In other words, for descriptive fair use to arise, the following must be true:
The court held that such a use was fair use: "We conclude that where disassembly is the only way to gain access to the ideas and functional elements embodied in a copyrighted computer program and where there is a legitimate reason for seeking such access, disassembly is a fair use of the copyrighted work, as a matter of law."
The modern emphasis of transformativeness in fair use analysis stems from a 1990 article by Judge Pierre N. Leval in the Harvard Law Review, Toward a Fair Use Standard, [2] which the Supreme Court quoted and cited extensively in its Campbell opinion. In his article, Judge Leval explained the social importance of transformative use of another's ...
When non-free media files (images, videos, and audio clips) are used on Wikipedia, a justification for their usage, called a non-free use rationale (or use rationale or fair use rationale), must be presented in the file description page, explaining how the file is used in a way consistent with Wikipedia's non-free content criteria.
The nominative use doctrine was first enunciated in 1992 by the U.S. Court of Appeals for the Ninth Circuit in New Kids on the Block v. News America Publishing, Inc. [4] In New Kids on the Block, the court had examined a "New Kids on the Block survey" performed by the defendant, and found that there was no way to ask people their opinion of the band without using its name.
This page provides some basic examples for how to write a fair use rationale. Good rationales might expand on why the non-free item is needed, why a free item cannot be used in its place, and what essential function it performs in each article in which it is to be used. Please modify the text so that it applies to the specific image and use of it.
Unlike fair-use images, quotations are permitted on talk pages and project pages where they are useful for discussion but the requirements listed above should still be observed. A special case is the use of quotations purely for interest or decorative purposes on user pages.