Malcolm Rivera
Copyright holders have the right to control most uses of their work. However, there are certain situations in which copyrighted material can be used without infringing on the owner's rights. This is known as fair use. Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. The purpose and character of the use, including whether such use is of a commercial nature or for non-profit educational purposes, are important factors in determining whether a use is fair. While it's more likely that non-commercial use can be considered fair use, not making a profit alone doesn’t always mean your use is non-infringing. If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you.
| Characteristics | Values |
|---|---|
| Non-commercial use | Fair use |
| Non-infringing | |
| Non-profit | |
| Fair dealing | |
| Permission from the copyright holder | |
| License agreement | |
| Creative Commons licenses | |
| Criticism | |
| Comment | |
| News reporting | |
| Teaching | |
| Scholarship | |
| Research | |
| Non-commercial database |
Explore related products
$19.99
What You'll Learn
- Fair use permits limited use without permission from the copyright holder
- Fair use includes criticism, comment, news reporting, teaching, scholarship, and research
- Non-profit educational use is more likely to be considered fair use
- The amount of copyrighted work used is a factor
- The effect on the market or value of the original work is considered
Fair use permits limited use without permission from the copyright holder
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first get permission from the copyright holder. It is an affirmative defence to a claim of copyright infringement, meaning the alleged infringer must prove their use was fair.
There are four factors that must be considered when deciding if a use constitutes fair use:
- The purpose and character of the use, including whether it is commercial or for non-profit educational purposes.
- The nature of the copyrighted work.
- The amount and importance of the portion used in relation to the copyrighted work as a whole.
- The effect of the use on the potential market for or value of the copyrighted work.
Fair use typically applies to purposes such as criticism, comment, news reporting, teaching, scholarship, or research. For example, quoting or excerpting a work in a review for illustrative or commentative purposes would usually be considered fair use. Similarly, summarising an article with brief quotations in a news report would also constitute fair use.
It is important to note that there are no hard and fast rules for determining fair use, as it is decided on a case-by-case basis. While non-commercial use is more likely to be considered fair use, not making a profit alone does not always mean your use is non-infringing.
American Constitution: Democratic or Slave-holding?
You may want to see also
Fair use includes criticism, comment, news reporting, teaching, scholarship, and research
Fair use is a doctrine in United States law that permits limited use of copyrighted material without requiring prior permission from the copyright holder. It is a defence to copyright infringement claims and is intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works.
- The purpose and character of the use, including whether it is commercial or for nonprofit educational purposes.
- The nature of the copyrighted work.
- The amount and importance of the portion used in relation to the copyrighted work as a whole.
- The effect of the use on the potential market for or value of the copyrighted work.
For example, art criticism that requires reproducing the art often falls under fair use. Similarly, a school can show a movie without obtaining permission from the copyright owner if it is being used for face-to-face teaching activities in a nonprofit educational institution.
However, it is important to note that just because a use is non-commercial or educational does not mean it automatically qualifies as fair use. For instance, copy shops have been sued for reproducing copyrighted works, even if they were unaware of the copyright. In such cases, it is recommended to consult a lawyer or refer to resources that outline fair use guidelines.
Washington's Role: Declaration and Constitution Co-Author
You may want to see also
Non-profit educational use is more likely to be considered fair use
However, this does not mean that all non-profit educational and non-commercial uses are fair, and all commercial uses are not. Courts will balance the purpose and character of the use against other factors. For example, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the whole, and the effect of the use on the potential market for or value of the copyrighted work.
Educational purposes include using a diagram of a biological process to teach about that process, or using an advertisement image from the 1960s to discuss the use of race in advertising. The latter is also an example of a "transformative purpose", which is using a work for a different purpose than it was originally created for. This weighs in favour of fair use.
It is important to note that the fair use doctrine is highly fact-specific, and it is always desirable to get permission if in doubt.
Senate Term Limits: How Long Do Senators Serve?
You may want to see also
Explore related products
The amount of copyrighted work used is a factor
However, in parody cases, a parodist is permitted to borrow quite a bit, even the heart of the original work, to conjure up the original work. In Campbell v. Acuff-Rose Music, the Supreme Court acknowledged that "the heart is also what most readily conjures up the [original] for parody, and it is the heart at which parody takes aim."
The amount of copyrighted work used is considered alongside other factors, such as the purpose and character of the use, the nature of the underlying work, and the effect on the potential market for or value of the copyrighted work. For example, using copyrighted work for criticism, comment, news reporting, teaching, scholarship, or research is more likely to be considered fair use. Additionally, using factual works is more likely to support a fair use claim than using creative works.
Understanding Impeachment: High Crimes and Misdemeanors Explained
You may want to see also
The effect on the market or value of the original work is considered
The concept of "fair use" is a doctrine in US law that permits limited use of copyrighted material without first acquiring permission from the copyright holder. This concept is intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works.
The fourth factor of fair use measures the effect that the allegedly infringing use has on the copyright owner's ability to exploit their original work. Courts will investigate whether the defendant's specific use of the work has significantly harmed the copyright owner's market, as well as whether such uses, if widespread, would harm the potential market of the original. The burden of proof here rests on the copyright owner, who must demonstrate the impact of the infringement on the commercial use of the work.
For example, in Sony Corp v. Universal City Studios, the copyright owner, Universal, failed to provide any empirical evidence that the use of Betamax had either reduced their viewership or negatively impacted their business. In Harper & Row, the case regarding President Ford's memoirs, the Supreme Court labeled the fourth factor "the single most important element of fair use".
Courts also consider whether potential market harm might exist beyond that of direct substitution, such as in the potential existence of a licensing market. This consideration has weighed against commercial copy shops that make copies of articles in course packs for college students, when a market already existed for the licensing of course-pack copies.
Courts recognize that certain kinds of market harm do not negate fair use, such as when a parody or negative review impairs the market of the original work. Copyright considerations may not shield a work against adverse criticism.
Exploring Political Science Through the Lens of the Constitution
You may want to see also
