What is the fair use doctrine?
The fair use doctrine is an exception to an author’s copyright protection. In order to promote the free flowing of ideas, an author is allowed to copy from protected works for certain purposes. These purposes may include criticism, comment, news reporting, teaching, scholarship and research. The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. As a result, fair uses are difficult to predict because the doctrine involves a fact-driven subjective test that is interpreted in different ways by different people. It is advisable to contact an intellectual property attorney if a fair use question arises.