Using Copyrighted Materials: The Principles of "Fair Use"
Copyrights give owners of materials the right to use, copy, or grant others the right to use their works. Although the principle of "fair use" is not part of the original copyright laws, it has been the subject of many court cases and has been put into law in section 107 of the copyright law.
Fair Use describes the ability of an individual who is not the owner of a work to a limited use of copyrighted materials under certain circumstances. Fair use encompasses four areas, as described by Section 107:
- The Purpose and Character of the Work.
This section looks at the purpose of the use of the work,including whether the use is of commercial nature (for profit) or for educational or other non-profit use. Someone who is doing a parody of a work or a commentary may be able to use more of a work than someone who is lifting entire sections for profit.
- The Nature of the Work
This section looks at the work itself. If the work is in the public domain (works that have not been copyrighted or for which the copyright has expired) you can use it.
- The amount and substantiality of the use
This section considers how much of the work is being used. The less you use, the better. But in some cases, even a small part of a work can be "substantive, so there is no specific amount that may be copied without violating copyright.
- The Effect of the Use on the Market for or Value of the Work.
In this section, the doctrine considers whether the copyright holder is being denied the right to profit from the work.
When considering whether you can use materials that you do not own, here are some "rules of thumb" to follow:
- Is it copyrighted?
If a work is in the public domain, you may use it but still be sure to cite it. When in doubt, assume that a work is copyrighted.
- How much is being used?
If you are using only a small portion of a work, for a single purpose, you may not be violating the owner's copyright. Use as little as possible.
- What is the purpose of the use?
Educational institutions are granted an exemption for a single use. But if a work is used more than once, even by a school, permission must be obtained from the owner of the copyright.
- How is the work being used?
If the work is being parodied, or if a small portion of the work is cited in a commentary, fair use may apply.
Disclaimer I am not an attorney or a copyright expert. I have written this article for your general information and I am not providing legal advice. If you have questions about fair use, consult an expert.
