ОСНОВИ ДОКТРИНЕ FAIR USE О ОГРАНИЧАВАЊУ ИМОВИНСКОПРАВНИХ ОВЛАШЋЕЊА УАТОРА
THE BASICS OF THE FAIR USE DOCTRINE FOR RESTRICTING THE EXCLUSIVE RIGHTS OF THE COPYRIGHT OWNER

Summary/Abstract: The copyright law provides a number of exception to the "exclusive" right of copyright owners. Like the copyright laws of almost all countries; the Copyright Act of U.S.A. specifies that certain uses of copyrighted works are outside the control of copyright owner. While many regard these exceptions as right of users; they are; as a juridical matter; outright exemp-tion from liability or affirmative defenses to what would otherwise be acts of infringement. The most significant of limitations on a copyright owner’s exclu¬sive is the doctrine fair use. Fair use is an affirmative defense to an action for copyright infringement. It is potentially available with respect to all manners of unauthorized use of all types of works in all media. When it exist; the user is not required to seek permission from the copyright owner or to pay a licence fee for the use. Fair use is a flexible system of limitation copyright owners ex¬clusive right. In determining whether the use made of a work in any par¬ticular case is a fair use the four factors to be considered shall include:(1) the purpose and character of the use; including whether such use is of a commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for or value of the copyrighted work.If most factors lean in favor of fair use; the activity is allowed; is most will not fit the fair use exception and may require permission from the copyright owner.

• Details
• Contents