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The Fair Use Doctrine

In our opinion, the Fair Use is an important subject which needs serious elaboration. We’ve examined many articles with controversial interpretation of the Fair Use doctrine. In this article, we will try to shed some light on this matter as it has many applications in the context of Internet law.

What Does Copyright Law Protect?

Copyright protects original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. This definition is directly taken from the U.S. Copyright Act.

Subject of Copyright

Copyright law protects “original works of authorship”. To produce something, it does not always take hard work only. You need to engage a certain portion of creativity as well. There is no need for the work to be the first of its kind, e.g. a novel simply needs to be the independent product of the author and not copied from some external source. Copyright does not protect against independent creation of similar or even identical works.