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What is fair use when it comes to intellectual property?

| Jul 31, 2020 | Blog |

 Intellectual property laws protect creators and companies from having their ideas stolen and used by someone else, possibly for a profit. After all, what would be the point in creating something through hard work and learned skills if someone else could just steal it and use it for their own purposes?

Those who create and publish original works own the work itself and have a right to prevent others from using it. Rigorous intellectual property protections in the United States help motivate businesses and creators alike by protecting their right to their original content and unique designs, as well as trade secrets that allow a business to stand out from its competitors.

Whether you have copyrighted creative works that you want to protect or you have an interest in using intellectual property for marketing or creative purposes, you may want to learn more about the concept of fair use and how it affects intellectual property rights.

The fair use doctrine allows individuals the right to reference intellectual property

Culture is conversational. One person creates something, and other people respond to it. Works of art and literature are often subject to criticism, critique and even parody by both intellectuals and other creative professionals.

Referencing or citing someone else’s intellectual property is permissible under the idea of fair use if someone does so in order to criticize the art itself or cultural concepts, to review or parody the original work, to teach on a subject or to report the new to others.

It’s important to know that even when the use of copyrighted material may fall under fair use, the person using someone else’s intellectual property should use only an excerpt, summary or representative image, rather than reproducing the original work in its entirety. If you have questions about fair use, getting advice can help you avoid infringing on others’ intellectual property or protect your own original works.

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