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the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. [9] Joseph Story wrote the opinion in Folsom v. Marsh.
A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.
Transformative use. In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Transformation is an important issue in deciding whether a use meets the first ...
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:
Fair-use images should almost never be included as part of a general image gallery, because their "fair use" status depends on their proper use in the context of an article (as part of analysis or criticism). See Wikipedia:Fair use for details. An example of an exception might be a gallery of comparable screenshots from a video game as it ...
Additionally, the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this ...
t. e. A trademark (also written trade mark or trade-mark[1]) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies a product or service from a particular source and distinguishes it from others. [2][3] A trademark owner can be an individual, business organization, or any legal entity.
A copyright tag to claim fair use. Wikipedia's file upload function and wizard each help editors choose an appropriate tag. A list is below. Non-free images that meet Wikipedia's policy but do not fit into any of the categories below should use the tag {{Non-free fair use in|Article}}. A statement describing the source of the media.