DECA Sports and Entertainment Marketing Practice Exam

What is the term for allowing limited creative use of music, literature, and movies without seeking permission?

1. Copyright

2. Fair Use

3. Intellectual Property

4. Licensing

The correct answer is: Fair Use

The term that refers to the ability to use limited portions of music, literature, and movies without needing to seek permission from the copyright holder is Fair Use. This legal doctrine balances the interests of creators with the public's interest in accessing and using creative works for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Under fair use, the amount and substantiality of the portion used in relation to the entire work, as well as the purpose and character of the use (whether it adds new expression or meaning), are important factors that determine if a specific use qualifies. In contrast, Copyright protects the original creator's exclusive rights to their work and generally requires permission for uses outside of fair use. Intellectual Property is a broader term that encompasses legal rights related to creations of the mind, which includes copyrights, patents, and trademarks. Licensing refers to the formal permission granted by the copyright holder to use their work under defined terms, which is distinct from the provisions made under fair use.