Difference between revisions of "Fair use"

Revision as of 12:53, July 18, 2007

Fair use is a doctrine in the United States copyright law that permits unauthorized copying of someone else's works for limited purposes or in limited ways. It is based on free speech rights provided by the First Amendment to the United States Constitution.

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 established by this federal statute:

17 U.S.C. § 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A [17 USCS §§ 106 and 106A], the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

In short, we must often... look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work. (Folsom v. Marsh, 9 F. Cas. 342 (1841)

Courts are still entitled to consider other factors as well.

Images

It is believed that the use of low-resolution images to illustrate a non-profit work qualifies as fair use under United States copyright law.

Faithful reproductions of two-dimensional original works cannot attract copyright in the U.S. according to the rule in Bridgeman Art Library v. Corel Corp.

See also

• Public domain