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[[Image:Flowers bloom in the Rose Garden.jpg|thumb|220px|White House Pic]]
[[Image:Flowers bloom in the Rose Garden.jpg|thumb|220px|White House Pic]]
'''Fair use''' is a doctrine in the United States [[copyright]] law that permits copying of someone else's works without asking permission; there are rules when it applies. It is based on free speech rights provided by the First Amendment to the United States Constitution.
'''Fair use''' is a doctrine in the United States [[copyright]] law that permits copying of someone else's works without asking permission; there are rules when it applies. It is based on free speech rights provided by the First Amendment to the United States Constitution.
Other countries have similar provisions, called "fair dealing" in Britain, Canada and Australia.
The most common form of fair use is copying for educational purposes and without earning a profit. Another common type of fair use is news reporting.
The most common form of fair use is copying for educational purposes and without earning a profit. Another common type of fair use is news reporting.
Fair use is not needed when the material is in the '''"[[public domain]]"'''. Facts are always in the public domain--they cannot be copyrighted (only the way they are phrased can be copyrighted).
Fair use is not needed when the material is in the '''"[[public domain]]"'''. Facts are always in the public domain--they cannot be copyrighted (only the way they are phrased can be copyrighted).
==U.S. law==
Fair use is established by this federal statute:
Fair use is established by this federal statute:
Courts almost never rule against fair use for educational uses. The exception comes when the goal is to avoid students' buying multiple copies of a textbook or similar item.
Courts almost never rule against fair use for educational uses. The exception comes when the goal is to avoid students' buying multiple copies of a textbook or similar item.
==Right of fair use==
Most commentators have considered fair use a "right" (Federal law refers to "the right of fair use")<ref> see section 108 of US Code at [http://www.copyright.gov/circs/circ21.pdf]</ref>. , so the debate is not on abolishing it but on limiting its applicability. Some large copyright owners, especially those associated with the commercial music and film industry, argue that fair use should not be used with their products. "There is constant tension between those who argue that the fair use defense should be expanded, allowing the use of copyrighted works for free with no strings attached, and those who want to shrink the definition so they can more profitably exploit their copyrights, trademarks and patents," concludes Hollywood reporter Brooks Boliek.<ref> Brooks Boliek, "'Fair use' folk confront Hollywood," ''The Hollywood Reporter'' Sept 13, 2007 online at [http://www.hollywoodreporter.com/hr/content_display/business/news/e3ib5be56a7498cb10ef3497d7273981da1]</ref>
Many scholarly groups have explicitly emphasized that fair use is a valuable right. "It is the policy of the Special Libraries Association to reaffirm the right of fair use."<ref> see [http://www.sla.org/content/SLA/governance/Policies/35-89.cfm]</ref> The Association of Research Libraries argues, "In order for copyright to truly serve its purpose of 'promoting progress,' the public's right of fair use must continue in the electronic era."<ref> see [http://www.arl.org/pp/ppcopyright/copyresources/fair_use_electronic.shtml]</ref> Official humanities groups like the American Council of Learned Societies, a consortium of the main scholarly societies in the humanities and social sciences, says, "The right of fair use is central to scholarship and the scholarly community and it should be embraced boldly."<ref> [http://www.humanitiesebook.org/copyrts.html]</ref>
In industry, the Computer and Communications Industry Association (CCIA), led by Microsoft, Google, the Linux Foundation and Yahoo, argues that "is the very foundation of the digital age and a cornerstone of our economy." The Copyright Alliance, an umbrella group that represents the broad range of copyright owners; its executive director Patrick Ross said the CCIA is missing the point, saying, "There is no fair use without original creative works. Period....It is like trying to imagine a librarian without books. All those who embrace fair use must understand this and support creators who are producing the works they so prize." The copyright industries have their own numbers, claiming that in 2005 they accounted for about 11% of the GDP, or $1.38 trillion. Boliek reports that, "The entertainment industry has long used this economic contribution as a reason for the White House, lawmakers and regulators to back policies that benefit it. Those arguments have helped it win the battle for increased anti-piracy efforts, tougher laws that target infringement and for beneficial trade policies."<ref> Brooks Boliek, "'Fair use' folk confront Hollywood," ''The Hollywood Reporter'' Sept 13, 2007 online at [http://www.hollywoodreporter.com/hr/content_display/business/news/e3ib5be56a7498cb10ef3497d7273981da1]</ref>
== Images ==
== Images ==
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==Public Domain==
Fair use does not apply to items that are in the "[[public domain]]" because there is no copyright holder, but physical access to the works may be controlled by a museum that does not allow reproductions. Texts and images published in the U.S. before January 1, 1923 are in the public domain. Work created by the federal government is in the public domain (but not work created by state of local governments). Before 1976 copyright expired after 28 years and had to be renewed; items that were not renewed are in the public domain.<ref> For a list of renewals see the Project Gutenberg collections at [http://onlinebooks.library.upenn.edu/webbin/gutbook/lookup?num=11800], which cover ererything except music.</ref> Items that were published in the USA but never copyright in the first place are in the public domain in the USA. Items posted on web servers in the U.S. are covered only by American law.
== See also ==
== See also ==
* Mary LaFrance. ''Copyright Law in a Nutshell'' (2008)
* Mary LaFrance. ''Copyright Law in a Nutshell'' (2008)
====references====
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[[Category:United States Law]]
[[Category:United States Law]]
[[Category:Copyright]]
[[Category:Copyright]]