Answered By: Donna Miller
Last Updated: Feb 03, 2022     Views: 82

Creative Commons licensing is selected by the creator to allow specific uses of a work. 

Fair Use is a set of limitations to the complete and exclusive rights that a copyright owner holds for any creative work.  The doctrine of Fair Use apples to any copyrighted work, and does not require any permissions from the creator.  But...Fair Use does not necessarily allow for remixing, reuse, and/or revision as creative commons licenses do, and Fair Use must comply with the four factors listed below.  

Section 107 (of U.S.Copyright law) contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

  1. The purpose and character of the use, including whether such use is of 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.
  4. The effect of the use upon the potential market for, or value of, the copyrighted work.

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