Reasonable use refers to the appropriate and fair utilization of one’s property without causing unreasonable interference with another person’s property. It entails using something for its intended purpose over an extended period, rather than for temporary or occasional purposes. Various types of uses exist, including beneficial use, collateral use, and public use. Certain uses are contingent upon or associated with the primary use of the land, while others may not be permitted under current zoning restrictions but are allowed due to their lawful existence prior to the implementation of the restrictions. In essence, reasonable use entails utilizing something in a manner that is equitable and considerate towards others.
Reasonable use refers to the appropriate utilization of one’s property without unreasonably disrupting another person’s use of their property. For instance, playing music at a reasonable volume during the day is considered reasonable use, whereas playing loud music late at night that disturbs the neighbours is not. Another example of reasonable use is the entitlement to utilise property and all its desirable or habitable aspects, such as light, air, and access, even if someone else holds the legal title to the property. In essence, reasonable use involves striking a balance between property owners’ rights to use their property as they wish and others’ rights to enjoy their own property without undue interference.
Reasonable use of copyrighted material typically refers to using a limited portion of the material for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research without obtaining permission from the copyright holder.
Generally, using copyrighted material for commercial purposes does not fall under reasonable use. It is important to obtain permission from the copyright holder or ensure that your use falls under a specific exception to copyright law.
The determination of reasonable use involves considering 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 copyrighted work.
While a disclaimer may be helpful in some cases, it does not automatically protect you from copyright infringement. It is important to ensure that your use of copyrighted material falls within the bounds of reasonable use or obtain permission from the copyright holder.
Using a trademarked logo for your personal website may not fall under reasonable use, especially if it could create confusion about the source of the logo. It is advisable to seek permission from the trademark owner.
Using someone else’s photograph on your blog may be considered reasonable use if it is for purposes such as criticism, commentary, or news reporting. However, it is important to consider the specific circumstances and seek legal advice if necessary.
Using excerpts from a book in your academic paper may be considered reasonable use, especially if it is for scholarly or research purposes. However, it is important to properly cite the source and ensure that your use is limited and transformative.
Using a portion of a copyrighted song in your YouTube video may not fall under reasonable use, especially if it could affect the potential market for the song. It is advisable to obtain permission from the copyright holder or use music that is licensed for such purposes.
Using screenshots of a website in your presentation may be considered reasonable use, especially if it is for educational or informational purposes. However, it is important to consider the specific circumstances and seek legal advice if necessary.
Using a company’s logo in your advertising materials may not fall under reasonable use, especially if it could create confusion about the source of the logo. It is advisable to seek permission from the company or use the logo in accordance with trademark law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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