Fair Use

The doctrine of Fair Use with regard to copyrighted materials, allows users to reproduce or reuse copyrighted works under certain ‘fair’ conditions. 

Scenarios in which Fair Use come into play include news reporting, research, scholarship, social commentary, critiquing or similar. 

Fair Use In Practice

Fair Use allows for greater creativity, enriched reporting, advanced creativity and more. 

We are enjoying Fair Use every time we:

  • Google a famous quote
  • Enjoy a parody of someone
  • See a clip of a film in entertainment news
  • Take inspiration from a known artwork to make a new one 
  • Read an excerpt from a book printed in a magazine

There are so many examples of Fair Use and without this caveat to copyright law, it would be almost impossible to do anything without infringing on someone's rights.  

Watchpoints For Fair Use

There are of course limitations to Fair Use and the distinction between what is considered fair use and what constitutes infringement is not always easy to define. 

There are four main factors behind determining whether copyrighted material has been used fairly under copyright law:

  1. Purpose and character of the use. Is the user hoping to gain financially or is it for non-profit educational or entertainment purposes?
  2. Nature of the copyrighted work. Is it factual or creative such as in a parody or criticism?
  3. Amount used. Has a substantial portion been used that exceeds what was necessary?
  4. Effect of the use on a potential market. Has the use negatively impacted the value of the work in question? 

As always, if you are unsure what constitutes Fair Use of your own or another’s copyrighted materials you should speak with an IP attorney for clarification.

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