What Is Fair Use
Section 107 of the Copyright Law provides that the exclusive rights of the copyright holder to:
- Produce copies of the work.
- Prepare derivative works based on the original work.
- Distribute copies.
- Perform in public.
- Display in public.
May be limited under certain “Fair Use” conditions.
The statute basically says that a “fair use” is not an infringement of copyright. There are certain favored purposes that support production of new knowledge through writing and/or teaching. Some of these are:
- Criticism
- Comment
- News Reporting
- Teaching/Scholarship
- Research
To help ensure that the Copyright Law serves the dual purpose contemplated for it in the Constitution, to protect the rights of the copyright holder and serve the society as a whole by promoting the free exchange of information, the Courts developed the four factors that must be weighed in making a decision concerning whether any particular use fits within the definition of Fair Use. They are:
- The purpose and character of the use, including whether it is educational or commercial.
- The nature of the copyrighted work.
- The amount and substance of the portion used.
- The effect of the use on the potential market for or value of the work.
Each use of a work should be preceded by a determination of the four factors and how they apply to the facts and circumstances. Use this checklist as a record of your determination on Fair Use.
