Fair use policy

This policy outline the fair dealing and uses of copyrighted material on TRAIVIS platform.

Certain uses of copyrighted material may not require the copyright owner’s permission. In the United Kingdom, this concept is known as fair dealing. Similar principles are recognised in other jurisdictions.

Whether a specific use of copyrighted material constitutes fair dealing is ultimately decided by a court of law. Courts consider fair dealing arguments based on several factors:

  1. The Purpose and Character of the Use:

    • How is the original work being used? Is the new use transformative, adding commentary, criticism, educational explanation, or additional context? Transformative, non-commercial uses are more likely to be considered fair dealing under UK law.

  2. The Nature of the Copied Work:

    • Is the copied work factual (e.g., a historical record) or fictional (e.g., a novel or film)? Fair dealing tends to favour use of factual works.

  3. The Amount and Substantiality of the Copied Work:

    • How much of the work was copied? Using short excerpts is more likely to be considered fair dealing compared to reproducing entire copyrighted works.

  4. The Effect on the Copied Work’s Value:

    • Will the copying potentially harm the market for the copyrighted work by serving as a substitute or replacement? If so, it is less likely to qualify as fair dealing.

Fair dealing assessments are conducted on a case-by-case basis, and there is no definitive formula to determine whether a use qualifies. If uncertain about whether a particular use might be fair dealing, seeking legal advice is advisable. TRAIVIS cannot provide guidance on whether your use would constitute fair dealing.

For more information on fair dealing and copyright law in the UK, refer to the relevant legal resources or consult a legal professional.

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