Copyright Assignment 

Answer the following questions:

1.  What materials may be used freely without copyright permission?

2.  What is the the good faith fair use defense?

There is one special provision of the law that allows a court to refuse to award any damages at all if it so chooses, even if the copying at issue was not a fair use. It is called the good faith fair use defense [17 USC 504(c)(2)]. It only applies if the person who copied material reasonably believed that what he or she did was a fair use - as would likely be the case if you followed this Policy! If you qualify for this defense, it makes you a very poor prospect for a lawsuit. On the other hand, if you disregard sound advice about fair use, a court would be free to award the highest level of damages available. This makes someone who ignores policies a handsome target for a lawsuit.

3.  What are the four factors of the Fair Use Test which must be considered when using material?

The four fair use factors:

  1. What is the character of the use?

  2. What is the nature of the work to be used?

  3. How much of the work will you use?

  4. What effect would this use have on the market for the original or for permissions if the use were widespread?


University of Texas Copyright Crash Course - Fair Uses of Copyrighted Material

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