What About Fair Use?
Question:
If most creative works are legally protected under Copyright Law, why are students allowed to use them without paying royalties or obtaining permission?
Fair Use...
Permits the use of legally protected works
- Includes limitations for the:
- Amount Used
- Circumstances of Use
Fair Use IS NOT a Definitive Set of Rules
This allows the circumstances surrounding the creative work's use to be open to interpretation, fostering a more open environment for the free exchange of information.
Fair Use IS a Four-Part Legal Test
When determining Fair Use, the following Factors are each considered. The combination of all four Factors ultimately decides the Fair Use claim's legal strength.
1. Purpose and Character of Use
Likely Fair Use
- Non-profit or Educational Use
- i.e. Are you using this information for a class?
- Transformative
- i.e. Does your use add something new that does not replace the original work?
Likely NOT Fair Use
- Commercial Use
- i.e. Will you make money by using this work?
- Copied
- i.e. Is your use essentially a copy of the original work?
2. Nature of the Original Copyrighted Work
Likely Fair Use
- Copied
- i.e. Is your use essentially a copy of the original work?
- Factual
- i.e. You are using a government document.
- Educational
- i.e. You are using a textbook.
Likely NOT Fair Use
- Unpublished
- i.e. You are using an unpublished personal letter.
- Fiction
- i.e. You are using music.
- Non-Educational
- i.e. You are using a comedic play.
3. Amount of the Work Used
Likely Fair Use
- Small Portion
- i.e. You are quoting less than 10% of an article.
- Less Important Parts of the Work
- i.e. You are describing tangential anecdotes from a documentary film.
Likely NOT Fair Use
- Large Portion
- i.e. You are paraphrasing most of a nonfiction book.
- "Heart" of the Work
- i.e. You are repeating the main conclusions from a scientific study as your main conclusions.
4. Effect of Use on the Market
Likely Fair Use
- Does NOT Harm the Original Work's Market
- i.e. You published a photo you took of a sculpture in a book.
Likely NOT Fair Use
- Harms the Original Work's Market
- i.e. Your textbook is a photocopy of your friend's textbook.