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Philippine Bar review · Question

Practice question: Fair Use

Multiple Choice Hard

Practice question

A commercial review reproduces a small but central passage of a creative work. The reviewer claims that any use below ten percent is automatically lawful. Which is best?
  1. Ten percent is an express universal safe harbor
  2. Small quantity always defeats the owner’s claim
  3. No statutory percentage safe harbor replaces the analysis; substantiality and the other factors must be evaluated
  4. Commercial purpose alone automatically defeats every fair-use claim
  5. Credit always resolves the dispute

Legal references

  • https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html — RA 8293, sections 184.1(b), 185.1 factors and 185.2
  • https://lawphil.net/statutes/repacts/ra2013/ra_10372_2013.html — RA 10372, section 12 amending section 185.1

Answer this question in flashcards to review your response and continue practicing.