What is the difference between Creative Commons and fair use?

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What is the difference between Creative Commons and fair use?

Creative Commons and fair use are both legal concepts that relate to the use and distribution of copyrighted material, but they have distinct differences.

Creative Commons is a licensing system that allows creators to grant permissions to others to use their copyrighted works under certain conditions. It provides a standardized way for creators to easily share their work while still maintaining some control over its use. Creative Commons licenses come in various forms, each with its own set of permissions and restrictions. These licenses allow creators to specify whether their work can be used for commercial purposes, modified, or shared with others. By using a Creative Commons license, creators can encourage collaboration and the sharing of knowledge while still protecting their rights.

On the other hand, fair use is a legal doctrine that allows for the limited use of copyrighted material without permission from the copyright holder. Fair use is a flexible concept that considers various factors, such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for the original work. Fair use is typically applied in situations where the use of copyrighted material is transformative, educational, or for commentary and criticism. It provides a balance between the rights of copyright holders and the public's interest in accessing and using copyrighted works.

In summary, Creative Commons is a licensing system that allows creators to grant permissions to others to use their copyrighted works under certain conditions, while fair use is a legal doctrine that allows for the limited use of copyrighted material without permission. Creative Commons focuses on providing standardized permissions for sharing and collaboration, while fair use is a legal defense that considers various factors to determine if a particular use of copyrighted material is permissible.