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Revised: August 28th, 2005.

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1. Fair use makes copyrighted work available to the public as raw material without the need for permission or clearance, so long as such free usage serves the purpose of copyright law, which the U.S. Constitution defines as the promotion of "the Progress of Science and useful Arts" (I.1.8), better than the legal enforcement of claims of infringement. The doctrine thereby attempts to balance the interests of individual copyright holders with the social or cultural benefits that follow from the creation and distribution of derivative works. Insofar as this doctrine protects forms of expression that might otherwise be enjoined as infringing copyright, it has been related to First Amendment free speech protections in the U.S. Constitution.

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