Fair Use Defined
Fair use allows the limited use of copyrighted material for certain situations. Deciding what constitutes fair use is not an exact science, and there are no universally acknowledged rules. Instead, it is necessary for someone wanting to use a copyrighted work to weigh the following four factors:
- The Purpose and Character of the Use
- Nonprofit and educational uses are more likely to be considered fair use.
- Transformative uses, like parody and news reporting, are important factors that weigh in favor of a finding that the use is fair.
- Commercial uses of the copyrighted work or uses that substitute for the copyrighted work weigh against a finding of fair use
- The Nature of the Copyrighted Work
- The fair use privilege is more extensive for works of information, such as scientific, biographical, or historical works than for artistic and creative works.
- The Amount and Substantiality of the Work Used
- Fair use is more likely to be found when the user of the copyrighted material takes only the amount necessary for the purpose of the use.
- Using an entire work will often, but not always, weigh against a finding of fair use.
- The Effect of Use on the Potential Market for the Copyrighted Work
- If there is a potential for harm to the market for the work, this harm will weigh against a finding of fair use.
<< back | next >>
