Nevada defaults to federal law when it comes to understanding a number of intellectual property matters. One aspect of that is the fair use doctrine. At the Aldrich Law Firm, Ltd., we know how important it is that you not only understand how to use information fairly, but also when to pursue legal action against those who illegally use your content.
As federal law points out, the fair use doctrine enables people to use copyrighted information under certain circumstances without subjecting themselves to legal penalties. For example, someone could take part of your copyrighted work and legally reproduce it for the following purposes:
- For parody
- For education
- For research
- For either criticism or comment
If you dispute that someone has taken your content illegally, a court will assess a number of factors. One aspect will be what the work in question is, such as published or unpublished, imaginative or factual. A court may also look at how the work is used, as reproducing a work for commercial purposes is often viewed as outside the realm of fair use.
How much of the work has been reproduced also matters. Someone who has copied an entire novel may have less of a fair use claim than someone who has only reproduced a few lines from it. Lastly, the effect that the reproduction has is important. If the act somehow harms the copyright owner, fair use may not apply.
Enforcing and honoring fair use may be more complex than it seems, requiring the help of a seasoned professional. For more information on this topic, please visit our page about business disputes.