- "Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder."
A doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders.
Copyright law: The law that grants a creator exclusive rights to their original work.
Fair use doctrine: The principle that allows limited use of copyrighted material for certain purposes without obtaining permission from the copyright holder.
Purpose and character of use: The ways in which the use of the copyrighted material will be transformative or non-transformative and whether it's for commercial or non-commercial purposes.
Nature of the copyrighted work: Whether the work is factual, creative, or a combination of both.
Amount and substantiality of the portion used: The amount of the copyrighted material used in the new work.
Effect of the use on the potential market: The potential economic impact of the new work on the original copyrighted material.
Public domain: Works that are not protected by copyright law and are free for anyone to use.
Creative Commons licensing: A type of copyright licensing that allows creators to share their work with certain permissions for others to use.
Orphan works: Copyrighted works whose copyright holder is unknown or cannot be found.
First sale doctrine: The principle that allows the purchaser of a copyrighted work to resell, lend, or dispose of the work as they wish.
Digital Millennium Copyright Act (DMCA): A law that provides safe harbors for online service providers who remove copyrighted content from their platforms.
Transformative use: The principle that allows the use of copyrighted material in a new work that provides a different purpose, context, or meaning.
Educational use: The principle that allows the use of copyrighted material for non-commercial educational purposes.
Parody: A type of transformative use that critiques or comments on the original work in a humorous or ironic way.
Public interest: The principle that allows the use of copyrighted material for certain purposes that are in the public interest, such as news reporting, criticism, or scholarship.
Commentary and Criticism: This type of Fair Use allows for the use of copyrighted material for purposes of commentary, criticism, and review.
News Reporting: This Fair Use allows for the use of copyrighted material in news reporting, such as in newspaper articles or TV news broadcasts.
Educational Use: This type of Fair Use allows for the use of copyrighted material in teaching and research.
Parody and Satire: This type of Fair Use allows for the use of copyrighted material for the purpose of creating parody or satire.
Transformative Use: This Fair Use allows for the use of copyrighted material in a new creative work that transforms the original work's meaning, purpose, or message.
Personal and Private Use: This type of Fair Use allows for the use of copyrighted material for personal and private use, such as copying a CD for personal listening.
Preservation: This type of Fair Use allows for the use of copyrighted material by libraries and museums to preserve the work for future generations.
Access for Persons with Disabilities: This type of Fair Use allows for the use of copyrighted material to create accessible versions for persons with disabilities.
- "Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works."
- "Unlike 'fair dealing' rights that exist in most countries that were part of the British Empire in the 20th century..."
- "The fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work."
- "The doctrine of 'fair use' originated in common law during the 18th and 19th centuries..."
- "Though originally a common law doctrine, it was enshrined in statutory law when the U.S. Congress passed the Copyright Act of 1976."
- "The U.S. Supreme Court has issued several major decisions clarifying and reaffirming the fair use doctrine since the 1980s..."
- "Most recently in the 2021 decision Google LLC v. Oracle America, Inc."
- "To prevent copyright law from being too rigidly applied and 'stifling the very creativity which [copyright] law is designed to foster.'"
- "Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works."
- "The fair use right is a general exception that applies to all different kinds of uses with all types of works..."
- "Though originally a common law doctrine, it was enshrined in statutory law when the U.S. Congress passed the Copyright Act of 1976."
- "A flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work."
- "Unlike 'fair dealing' rights that exist in most countries that were part of the British Empire in the 20th century..."
- "Unlike 'fair dealing' rights that exist in most countries that were part of the British Empire in the 20th century, the fair use right is a general exception that applies to all different kinds of uses with all types of works..."
- "...allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement."
- "A flexible proportionality test that examines the purpose of the use..."
- "...permits limited use of copyrighted material without having to first acquire permission from the copyright holder."
- "One of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works..."
- "To prevent copyright law from being too rigidly applied and 'stifling the very creativity which [copyright] law is designed to foster.'"