From the course: Understanding Intellectual Property (2014)

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Copyright defenses

Copyright defenses

From the course: Understanding Intellectual Property (2014)

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Copyright defenses

A lot of what I focus on as an Attorney, is helping my clients to protect the content that they've created. But, many times, you aren't the person creating the content, you're the person using something that might belong to a third party. You might be an infringer. Fair use is the most common defense. If you have to rely on fair use, it's a defense. It means you're an infringer. It means you have, willingly copied or used somebody else's' work. Well, fair use is a four-part test that analyzes the thing that you've copied. And it looks at the underlying work, the nature of the underlying work. It looks at the purpose of the work that you're copying. It looks at the amount, and substantiality of the copy that you've created. And it looks at the effect that your copy has had on the market for the underlying product. So, there's a myth that an educational institution is entitled to use copyrighted material for educational purposes. This is a myth, it's not true. Merely being an academic…

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