Legal Question in Intellectual Property in Colorado

Is it easier to use copyrighted information from peer review journals than non-fiction publications that were written to make a profit?


Asked on 3/22/11, 1:25 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I don't understand what you mean by "easier to use." Copyright infringement is copyright infringement. In some situations, it may be possible to use a very limited amount of copyrighted material and hopefully fall within the fair use defense. However fair use is a defense - meaning you try to assert it when you get sued. And there is no bright line standard for what does or doesn't constitute fair use. In this area of the law, it is especially important to consult with a good copyright attorney for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/22/11, 5:11 pm


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