Society For Human Resource Management (SHRM) Certified Professional Practice Exam

Fair use rules can be reviewed based on what?

1. Factor

2. Value

3. Purpose

4. Level of exposure

The correct answer is: Purpose

The correct answer is based on the idea that fair use rules are primarily evaluated through the purpose of the use in question. Fair use is a legal doctrine that allows limited use of copyrighted material without needing permission from the copyright holder. To determine whether a specific use qualifies as fair use, courts typically consider several factors outlined in copyright law, one of which is the purpose of the use. This includes whether the use is commercial or educational, transformative in nature, and whether it benefits society. For instance, if a work is used for criticism, comment, news reporting, teaching, scholarship, or research, it is more likely to be considered fair use. In contrast, uses that are primarily commercial may not benefit from the same level of protection. While factors do play a role in the fair use assessment, they encompass more than just the purpose. They also include considerations such as the nature of the copyrighted work, the amount used, and the effect of the use on the market for the original work. Thus, although the other options may represent aspects of what can be considered or evaluated, the core evaluation often hinges on the purpose behind the use of the material.