βš–οΈFair Use

Fair use is a legal doctrine that provides a limited exception to the exclusive rights granted to copyright owners under the copyright law of the United States. It allows for the use of copyrighted material for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research, without the need for permission from the copyright owner, provided that the use does not negatively impact the copyright owner's ability to profit from their work.

The four factors used to determine fair use are:

  • The purpose and character of the use, including whether it is commercial or non-profit educational.

  • The nature of the copyrighted work.

  • The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

  • The effect of the use upon the potential market for or value of the copyrighted work.

Here are some examples of uses that are often considered fair use under copyright law:

  • Quoting a portion of a book or article for the purpose of criticism or commentary.

  • Reproducing a limited number of images or graphs from a scientific article for use in a classroom setting.

  • Including a clip of a copyrighted song in a non-commercial home video.

  • Parody of a copyrighted work, such as a parody of a popular song or movie.

  • Using a small amount of a copyrighted work in a news report.

  • Using a limited amount of a copyrighted work in a scholarship or research paper.

  • Using copyrighted material for the purpose of creating a new work that is considered transformative, such as creating a collage or remix of multiple copyrighted works.

It's important to note that these examples are not exhaustive, and that the determination of fair use is a complex and fact-specific inquiry that depends on the specific circumstances of each case. In any situation, it is recommended to seek the advice of a qualified attorney to ensure that a proposed use complies with copyright law.

Last updated