Understanding Basic Copyright Laws in US

What is Fair Use?

According to the US Government, Fair Use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 of the Copyright Act provides the legal framework for defining whether something is a fair use, and it recognizes certain types of uses. Things like criticism, comment, teaching, news reporting, scholarship, and research may qualify for the fair use.

Please watch this video on Copyright and Fair Use.

Section 107 of US Constitution calls for consideration of the following four factors in evaluating a question of fair use:

The purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes. The Courts typically emphasis on whether the use is “transformative.” That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original work.

The nature of the copyrighted work. Using material from primarily factual works is more likely to be fair than using purely fictional works.

The amount and substantiality of the portion used in relation to the copyrighted work as a whole. Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. However, even a small taking may weigh against fair use in some situations if it constitutes the “heart” of the work.

The effect of the use upon the potential market for or value of the copyrighted work. Uses that harm the copyright owner's capability to profit from his/her original work by serving as a replacement for demand for that work are less likely to be fair uses.