The fair use of a copyrighted work for criticism, comment, news reporting, teaching, including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright.
Factors to determine fair use
In determining whether the use made of a work in any particular case is fair use, the factors to be considered include:
- The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit 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.
Unpublished work does not bar finding of fair use
The fact that a work is unpublished does not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Best Legal Practices:
Fair use as defense to complainant against copyright infringement – Fair use is often used as a defense against copyright infringement. Due care should be exercised in claiming fair use as it has a strict and narrow definition. It is best to include a notice of fair use whenever the same is the basis for using a copyrighted work.
When in doubt, cite – A good rule of thumb is to cite or make proper attributions when in doubt. As it is said, give credit where it is due.
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 Ibid. Section 185.1. “Decompilation, which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with other programs may also constitute fair use” (Ibid.).
 INTELLECTUAL PROPERTY CODE. Section 185.1 (a).
 Ibid. Section 185. (b) .
 Ibid. Section 185.(c).
 Ibid. Section 185.(d).
 Ibid. Section 185.2.