How does fair-use law work?

This is an excellent write-up about how fair use works, along with its complexities (and areas where it is more straightforward, generally where courts have already ruled on a very similar use previously):

If you kill someone, you’ve committed murder, right? Yes  —  unless he was about to shoot you first, in which case we call it self-defense. Fair use takes that same concept to copyright law. It is all about justification, and this is a key to understanding it. Fair use allows use of a work that would ordinarily constitute infringement, if that use is justified (or excused, if you like) with some compelling reason.

How does fair-use law work? – By Tim Wu – Slate Magazine.

Recommended reading.



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About Kristopher Nelson


I'm currently a graduate student of the history of law and technology at the University of California, San Diego. I also provide law and technology consulting services. Additionally, I'm a non-practicing lawyer and former developer/sysadmin at a biotech non-profit. For more about me and my work, see krisnelson.org or my Google Profile.

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