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?
- Ten percent is an express universal safe harbor
- Small quantity always defeats the owner’s claim
- No statutory percentage safe harbor replaces the analysis; substantiality and the other factors must be evaluated
- Commercial purpose alone automatically defeats every fair-use claim
- 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.