Nivafy’s Fair Use Policy Overview

At Nivafy, we acknowledge the importance of fair use, a principle that allows for the limited use of copyrighted material without needing the copyright owner’s permission. This concept, known as ‘fair use’ in the United States, and ‘fair dealing’ in some other jurisdictions, plays a crucial role in fostering creativity, innovation, and freedom of expression.

Understanding Fair Use:

Fair use determinations are complex and are ultimately made by a court of law. The following four factors are considered in assessing whether a particular use of copyrighted material is fair:

Purpose and Character of the Use:

How is the original work being used, and is the new use commercial or non-commercial?

Transformative uses that add something new or provide commentary, criticism, education, or additional context are more likely to be seen as fair use.

Nature of the Copied Work:

Is the copied work factual, like a historical record, or fictional, like a novel?

The use of factual works is more likely to be considered fair use.

Amount and Substantiality of the Copied Work:

What proportion of the work has been copied?

Using smaller excerpts is more likely to be fair use than copying an entire work.

Effect on the Copied Work’s Value:

Does the use harm the market for the original work?

If the use effectively replaces the original work, it is less likely to be seen as fair use.

Case-by-Case Determination:

Fair use is not a clear-cut formula and must be determined on a case-by-case basis. There is no definitive rule to ascertain whether a use qualifies as fair.

Seek Legal Advice:

If you are uncertain about whether your use of copyrighted material constitutes fair use, it is advisable to consult with a legal professional. Nivafy is unable to provide legal guidance on whether a specific use may be considered fair use.

Nivafy respects the intellectual property rights of others and encourages its users to do the same. We ask our community to consider these guidelines carefully when using copyrighted material, ensuring their actions align with legal standards and the principles of fair use.