Fair use什麼意思

"Fair use" is a legal doctrine in the United States that allows the use of copyrighted material without the permission of the copyright holder under certain circumstances. The doctrine is intended to balance the rights of copyright holders with the public's interest in the free flow of information and creativity.

The concept of fair use is not defined by a single statute or law, but rather by judicial decisions that have established guidelines for what constitutes fair use. These guidelines are not definitive, and each case of alleged fair use is evaluated on its own merits. However, courts typically consider the following factors when determining whether a use of copyrighted material is fair:

  1. Purpose and character of the use: Whether the use is for commercial or non-commercial purposes, and whether it is transformative (i.e., adds something new or different to the original work).

  2. Nature of the copyrighted work: Whether the work is creative or factual, and whether it is published or unpublished.

  3. Amount and substantiality of the portion used: How much of the original work was used in relation to the whole, and whether the portion used is the "heart" of the work.

  4. Effect of the use on the potential market for or value of the copyrighted work: Whether the use harms the market for the original work or creates a market for derivative works.

If the use of copyrighted material is deemed fair, it is not considered infringement, and the user does not need to obtain permission from the copyright holder. Fair use is often invoked in the context of criticism, commentary, news reporting, teaching, scholarship, and research.

It's important to note that fair use is a U.S. concept and is not recognized in all countries. Other countries may have similar but differently named exceptions to copyright, such as "fair dealing" in Canada, or they may have different tests for determining when a use of copyrighted material is permissible. Additionally, even within the U.S., fair use is a complex and fact-specific doctrine, and users should exercise caution when relying on fair use, as there is no guarantee that a particular use will be considered fair.