Fair Use

Definition

Fair use is a legal doctrine that permits limited use of copyrighted material without requiring permission from the rights holders. It allows individuals to use copyrighted works for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, balancing the interests of creators with the public's interest in accessing information and fostering creativity.

5 Must Know Facts For Your Next Test

1. Fair use is determined based on four factors: 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 on the market value of the original work.
2. Commercial uses are less likely to be considered fair use compared to non-profit educational uses, but it ultimately depends on how transformative the use is.
3. Fair use is a defense in copyright infringement claims, meaning that if someone is accused of infringement, they can argue fair use in court as their defense.
4. The doctrine of fair use encourages creativity by allowing individuals to build upon existing works without facing legal repercussions, provided their use meets certain criteria.
5. Court cases like 'Campbell v. Acuff-Rose Music, Inc.' have shaped and clarified what constitutes fair use, emphasizing that transformative uses can qualify even when they may involve commercial gain.

Review Questions

• What are the four factors that determine whether a use qualifies as fair use?
  • The four factors that determine fair use include: 1) the purpose and character of the use, which looks at whether it is for commercial or educational purposes; 2) the nature of the copyrighted work, considering if it’s factual or creative; 3) the amount and substantiality of the portion used, assessing how much of the original work was used; and 4) the effect of the use on the market value of the original work, evaluating whether it harms the market for the original.
• Discuss how transformative use plays a role in determining fair use and provide an example.
  • Transformative use refers to how much new expression or meaning is added to an original work when it is used. This concept is crucial in fair use cases because it can tip the balance in favor of fair use even if some portion of a copyrighted work is used. For example, creating a parody of a song may qualify as transformative because it alters the original intent and message for commentary purposes, potentially falling under fair use despite using recognizable elements from the original.
• Evaluate how fair use impacts both creators and consumers in terms of access to information and innovation.
  • Fair use significantly impacts both creators and consumers by promoting access to information while also protecting original works. For creators, it allows them to reference and build upon existing works without seeking permission every time, fostering innovation and creativity. For consumers, it ensures access to educational resources and critiques that might otherwise be restricted due to copyright laws. Ultimately, fair use creates a balanced ecosystem where both rights holders can protect their creations while allowing society to benefit from a free exchange of ideas and knowledge.

Related terms

Copyright: A legal right that grants the creator of original work exclusive rights to its use and distribution, usually for a limited time.

Transformative Use: A type of use that adds new expression or meaning to the original work, which is often a key factor in determining fair use.

Public Domain: Creative works that are not protected by copyright law and can be used freely by anyone without permission.