fairusekäytäntöjä

Fairusekäytäntöjä refers to the legal doctrines that permit the limited use of copyrighted material without acquiring permission from the rights holders. These doctrines are a defense against claims of copyright infringement. The concept of fair use is most commonly associated with United States copyright law, though similar exceptions exist in other jurisdictions, often referred to as fair dealing or fair use.

The purpose of fair use is to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works. It allows for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. The determination of whether a particular use is considered fair is made on a case-by-case basis, considering several factors.

In the United States, the four factors typically considered are: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.

Each of these factors is weighed to determine if the use is transformative, meaning it adds something new or serves a different purpose than the original. While there are no strict rules, such as a percentage of a work that can be used, courts evaluate the overall impact of the use. Fair use is a complex legal doctrine, and its application can often be subject to interpretation.