ABSTRACT
Since the beginning of civilization, people are the creators in various areas where they were able to express their originality through their creativeness in art, music, and literature. Over the centuries, a need for protection of this intellectual creativity was born to prevent the infringement of the rights of the creator’s inventiveness and therefore the term ‘Copyright’ appeared. With the expansion of the ‘Copyright’ in law, some exceptions arose, and ‘fair use’ was the foremost among them. To clarify the ‘fair use’ notion, this paper will be focusing, according to the international treaties and case laws to determine a framework of its scope. The fair use doctrine has appeared as the need for balancing between authorial incentives and public freedom regarding expression in freedom of speech. Although there are a considerable amount of case laws and certain regulations, it is not quite easy to define this notion by specific ground rules. This term paper will be explaining understanding the definition of fair use in the scope of limitation and exceptions in copyright law. After the detailed explanation of this terminology and the limitations and exceptions to this notion in copyright law, it will be followed by reviewing the legal concepts of fair use and how to determine its scope under various legislations regarding the most well-known and accepted doctrines around the globe. Subsequently, this paper will be arguing about certain case laws to extend the understanding of the legal existence of fair use to prevent any misinterpretation. This paper will finalize with the author’s concluding remarks.
Inaltong, Nejat Utku, Notion Of Fair Use: An Exclusive Exception In Copyright Law (June 3, 2020).
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