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Fair use

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Fair use is a limitation to the rights of copyright ownership.

Overview

An individual who has created works that can be copyrighted has certain protections for that work. [1] For example, they have the right to limit who may reproduce their work, and how that work may be reproduced.

However, "fair use" is an exception to their ability to control the usage of their work. The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified the copyright law.

Factors considered in determining fair use

Section 107 of the copyright law contains a list of various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

  • The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
  • 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

Fair use vs. Infringement

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.

Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use:

  • Quotation of excerpts in a review or criticism for purposes of illustration or comment
  • Quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations
  • Use in a parody of some of the content of the work parodied
  • Summary of an address or article, with brief quotations, in a news report
  • Reproduction by a library of a portion of a work to replace part of a damaged copy
  • Reproduction by a teacher or student of a small part of a work to illustrate a lesson
  • Reproduction of a work in legislative or judicial proceedings or reports
  • incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.

General rules and recommendations

Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.

The safest course is always to get permission from the copyright owner before using copyrighted material.

The U.S. Copyright Office cannot give this permission.

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

Reference

  1. Copyright.gov, Fair Use

See also

External links

Sb cc 50x20.jpg Creative Commons attribution: This entry includes content from the following Business.gov source: Copyright.gov