If your marketing campaign is using intellectual property (IP) that is copyrighted, do you need an IP clearance or can it be used under the Fair Use doctrine?
The Fair Use doctrine has been codified by Congress in the Copyright Act, and it lists four factors to consider to decide if it’s fair use.
1. Purpose and character of use – commercial use v. Nonprofit educational purpose
2. Nature of the copyrighted work – the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression.
3. Amount of the work used compared to the work as a whole.
4. Effects of use on the potential market value of the copyrighted work.
Does your marketing campaign qualify for fair use?
Best business practice is to be sure if you need an IP clearance, to do one to prevent expensive copyright infringement lawsuits.
Friendly reminder: Substantiation + transparency = TRUST! Having legally compliant marketing campaigns builds trust. Any question? Feel free to contact me. https://calendly.com/audrey-advertisinglaw/30min
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