LegalGELegalGE
...

Fair Use Defense

What factors determine Fair Use in Georgia?

Georgian courts typically look at four main factors: 1) The purpose and character of the use (commercial vs. non-profit/educational); 2) The nature of the copyrighted work; 3) The amount used relative to the whole work; and 4) The effect of the use on the potential market for the original work. No single factor is decisive.

Is giving credit to the author enough to avoid infringement?

No, attribution is not a substitute for permission. While moral rights require you to name the author, economic rights (the right to copy and distribute) still belong to them. Unless your use falls under a specific exception like news reporting or quotation for criticism, you need a license even if you credit the source.

Can I use copyrighted music in my podcast intro?

Generally, no. Using music as a theme song or background usually requires a synchronization license. Fair use might apply if you are specifically analyzing the song's lyrics or composition in an educational episode, but using it purely for entertainment or branding is typically an infringement.

What is a "transformative use"?

Transformative use means you have added new expression or meaning to the original work, creating something new rather than just copying it. For example, a parody that mocks the original work, or a scholarly critique that uses clips to prove a point. Transformative uses are much more likely to be considered Fair Use.

Reading Time

3 min

Published

...

Fair Use Defense in Copyright Disputes

In intellectual property law, "Fair Use" is a crucial exception allowing the use of copyrighted material without permission for specific purposes such as quotation, criticism, comment, news reporting, teaching, or research. However, the line between lawful use and copyright infringement is often blurred and depends on the specific circumstances of each case. In Georgia, where digital content creation and sharing are part of daily life, ignorance of fair use principles often leads to misunderstandings, content takedowns, or litigation.

Legal.ge offers qualified legal assistance on fair use issues. Our lawyers help content creators, journalists, educators, and businesses defend themselves against baseless copyright claims. We analyze the material you use and assess whether it falls within legally permitted exceptions to avoid legal liability.

What Does Fair Use Defense Service Cover?

Our service covers both preventive consultation and active defense during disputes:

  • Risk Assessment: Analyzing material before publication to see if it meets fair use criteria (purpose, amount, market effect).
  • Counter-Notices: Appealing copyright strikes on YouTube, Facebook, and other platforms using fair use arguments.
  • Negotiation with Rights Holders: Resolving conflicts out of court when a rights holder demands content removal.
  • Litigation Representation: Defending you in court if a lawsuit is filed against you for copyright infringement when your actions were lawful.
  • Legal Opinion: Drafting a formal legal opinion confirming the legality of your actions (often required for insurance or investors).
  • Educational Consultation: Training organizations on how to legally use others' materials.

Common Situations and Scenarios

A typical scenario involves YouTube video essays or reaction videos. A blogger uses clips from a movie or other video for criticism or analysis. The platform's automated system (Content ID) blocks the video. A lawyer prepares a substantiated claim that the use is transformative and does not infringe rights, serving as a basis for restoring the video.

Another scenario involves educational materials. A lecturer uses book excerpts in slides for students. The publisher demands compensation. The lawyer argues that the use was non-commercial, for educational purposes, and the amount used did not exceed what was necessary for the purpose, which is permitted under Georgian law.

Georgian Legislation and Legal Framework

In Georgia, this issue is regulated by the Law on Copyright and Related Rights (Articles 42-51), which defines limitations on economic rights. The law lists specific cases (quotation, illustration for teaching, news reporting) where permission and remuneration are not required. However, citing the source and author is mandatory. Judicial practice relies on four main factors: purpose of use, nature of the work, amount used, and effect on the potential market.

Process of Receiving Services

The client contacts Legal.ge and submits the disputed material. The lawyer assesses the situation based on the four-factor test. If the use is justified, a formal letter or response is prepared. In disputes with platforms, the lawyer ensures the DMCA Counter-Notification procedure is conducted correctly. In case of litigation, our attorney represents your interests and proves that no infringement occurred.

Do not let fear limit your creativity. Protect your right to fair use with Legal.ge.

Why Choose a Specialist on Legal.ge?

Fair use is one of the most nuanced areas of law. Misinterpretation can lead to substantial fines. On Legal.ge, you will find intellectual property experts with practical experience dealing with both digital platforms and Georgian courts.

Updated: ...

Specialists for this service

Loading...