What is fair use?
Fair use is primarily intended to allow the use of copyrighted works for criticism, commentary, news reporting, education, scholarship, or research. If the use is not for one of the above, you must obtain copyright permission to use the content of the work. Even if the use is for one of the above, you may not be able to rely on fair use and will be required to obtain copyright permission. Fair use is a defense to a claim of copyright infringement for the purposes listed above. Copyright allows for the use of copyrighted materials without permission of the owner if the user complies with the fair use guidelines. Fair use is determined on a case-by-case basis and assesses the following four factors: 1. Purpose: the purpose and character of the use, including whether such use is for commercial purposes or for nonprofit educational purposes. 2. Nature: the nature of the copyrighted work; what kind of work is it, non-fiction/factual or fiction. 3. Amount: the amount and substantiality of th
In simple terms, “fair use” (also known as “fair dealing” or “fair practice”) is the allowable quotation of the copyrighted works of others. The concept is not relevant to works that are already in the public domain. Any such quotation must be properly credited. Whether any particular quotation constitutes fair use can often be a very difficult matter to resolve. In most cases, quoting a single definition or a brief illustrative passage from any author’s work will fall within the definition of fair use.
The Fair Use Provision of the Copyright Act (USA) states: §107. Limitations on exclusive rights: Fair Use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include – 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; [The copyrighted artists in ArtLex are presented for educational purposes, including teaching, scholarship and research.
There are no hard and fast rules for fair use (and anyone who tells you that a set number of words or percentage of a work is “fair” is talking about guidelines, not the law). The Copyright Act sets out four factors for courts to look at (17 U.S.C. § 107): • The purpose and character of the use. Transformative uses are favored over mere copying. Non-commercial uses are also more likely fair. • The nature of the copyrighted work. Is the original factual in nature or fiction? Published or unpublished? Creative and unpublished works get more protection under copyright, while using factual material is more often fair use. • The amount and substantiality of the portion used. Copying nearly all of a work, or copying its “heart” is less likely to be fair. • The effect on the market or potential market. This factor is often held to be the most important in the analysis, and it applies even if the original is given away for free.
Related Questions
- Is it fair to say that, as a human, you enjoy the chaos and beauty of wilderness and nature, but not enough to prefer it over right angles, sterilized order, pathological security and rigorous predictability?
- What is the address for the Arkansas State Fair Grounds?
- Who is behind the FAIR PLAY campaign?
