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Maryland Copyright Law Attorney: Three Rules to Follow When Considering the “Fair Use” of Copyright Material

It is difficult to know for certain whether a court will consider a use of copyright to be “fair use.” The courts will consider the following in deciding this issue:

1. How much material was taken compared to the entire work of which the material was a part? The greater percentage of material taken, the more likely the court will find that this was not fair use.

2. Is the use of the copyright material a competitive use? For example, if the use affects the sales of the copied material, it will likely not be considered fair use.

3. How was the copyrighted material used? For example, criticism, news reporting, comments, research, scholarship and non-profit educational uses are most likely to be judged fair uses.

For a free, confidential conversation to discuss these and other copyright law matters, contact Maryland copyright attorney Stephen J. Reichert at 410-299-4959, or by clicking here.

Day, evening and weekend appointments are available in office or at your residence. Mr. Reichert personally serves clients in Baltimore, Baltimore County, Anne Arundel County, Howard County, Carroll County, Harford County, Frederick County, Montgomery County and throughout most of Maryland.