The Fair Use Doctrine

The Fair Use Doctrine defines ways of how the public can use small portions of copyright material without the fear of consequences. Fair Use is a set of guidelines that informs people how to prevent copyright infringement and can defend a person at a copyright infringement trial. The five tests for analyzing Fair Use are Transformative Factor, nature of the copyright work, the amount and substantiality of the portion used, the effect of the use upon the potential market, and the moral judgement of presiding judge or jury. With the five tests for analyzing Fair Use, I determine the classmate’s argument to plagiarism being protected under the Fair Use exceptions is invalid. The Transformative Factor is the purpose and character of the use of the copyrighted work. Purpose indicates the intent …show more content…
The factor states, if one uses a copyrighted work in a way that deprives the owner of his or her copyrights, then, it is a clear defilement. The protected copyrights for the owner are the deprive of income and preventing the owner from exploring new or potential markets. An example is a student plagiarized an essay and used it as a song, the author of the essay’s rights to create derivative and adaptive works are protected by the Copyright Law. The moral judgement factor represents the presiding judge’s or jury’s opinion on whether the use of the copyrighted material is morally good or bad. Morally good signifies the individual used the copyrighted work to create a new work and make a positive contribution to society. Morally bad is defined as an individual does not follow the Fair Use guidelines and damages the owner of the work’s reputation. Plagiarism is morally bad because it does not follow the Fair Use guidelines, due to various factors like factor three, mostly all the copyrighted work is being used, is violating Copyright