What is Fair Use Under Copyright Law?
How to Use Copyrighted Material Legally and Ethically
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What is Fair Use Under Copyright Law?
Copyright law gives creators the exclusive right to reproduce, distribute, display, perform, and create derivative works from their copyrighted works. However, there is a legal doctrine known as fair use, which allows for the limited use of copyrighted material without the permission of the copyright holder.
The fair use doctrine is codified in Section 107 of the U.S. Copyright Act, which states that "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 (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."
The fair use doctrine is designed to promote freedom of expression and the advancement of knowledge. It allows people to use copyrighted material in ways that would otherwise be infringing, such as quoting from a book in a book review, using a copyrighted image in a news article, or showing a copyrighted film clip in a classroom setting.
Whether a particular use is fair use depends on the specific circumstances of the use. There are four factors that courts consider when determining whether a use is fair use:
The purpose and character of the use: Courts are more likely to find that a use is fair use if it is for a non-profit educational or transformative purpose. For example, quoting from a book in a book review is more likely to be fair use than using a copyrighted image to sell a product.
The nature of the copyrighted work: Courts are also more likely to find that a use is fair use if the copyrighted work is factual or informational. For example, quoting from a news article is more likely to be fair use than using a copyrighted image from a movie.
The amount and substantiality of the portion used: Courts consider how much of the copyrighted work was used and whether the portion used was the heart of the work. For example, using a few sentences from a book in a book review is more likely to be fair use than using the entire first chapter.
The effect of the use upon the potential market for or value of the copyrighted work: Courts consider whether the use of the copyrighted material is likely to harm the copyright holder's ability to sell or licence the work. For example, using a copyrighted image to create a competing product is less likely to be fair use than using the image in a news article.
It is important to note that there is no bright-line rule for determining whether a particular use is fair use. Courts will weigh all four factors on a case-by-case basis.
Examples of Fair Use
Here are some examples of fair use:
Quoting from a book in a book review
Using a copyrighted image in a news article
Showing a copyrighted film clip in a classroom setting
Using a copyrighted song in a parody
Creating a research paper that uses copyrighted material
Creating a mashup of two or more copyrighted works
Examples of Copyright Infringement
Here are some examples of copyright infringement:
Copying a book and selling it without permission from the copyright holder
Using a copyrighted image in a commercial without permission from the copyright holder
Distributing a pirated copy of a movie
Creating a competing product that uses copyrighted material
Using a copyrighted song in a commercial without permission from the copyright holder
How to Avoid Copyright Infringement
If you are unsure whether a particular use is fair use, it is always best to err on the side of caution and obtain permission from the copyright holder. However, there are a few things you can do to reduce the risk of copyright infringement:
Only use copyrighted material that you are legally entitled to use. You can do this by purchasing a licence from the copyright holder or using copyrighted material that is in the public domain.
Only use copyrighted material in a way that is consistent with the fair use doctrine. Consider the four factors listed above when determining whether your use is fair use.
If you are unsure whether a particular use is fair use, consult with an attorney.
Conclusion
The fair use doctrine is an important part of copyright law. It allows people to use copyrighted material in ways that would otherwise be infringing, such as quoting from a book in a book review, using a copyrighted image in a news article, or showing a copyrighted film clip in a classroom setting.
Whether a particular use is fair use depends on the specific circumstances of the use. Courts will consider four factors when determining whether a use is fair use: 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 upon the potential market for or value of the copyrighted work.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
