One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.
The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.
When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.
“Fair Use,” United States Copyright Office. Accessed October 28, 2009. <http://www.copyright.gov/fls/fl102.html>
Note: The paragraphs displayed above were extracted from "Fair Use" on the U.S. Copyright Web site. Since this material was produced by the U.S. Government, it can be freely reproduced. It is not protected by copyright.
- U.S. Copyright Office - Fair Use
- Copyright and Fair Use, Stanford University Libraries
- The TEACH Act - New Roles, Rules and Responsibilities for Academic Institutions, Copyright Clearance Center
- Using Electronic Reserves, Copyright Clearance Center
- The TEACH Act Finally Becomes Law, part of the Copyright Crash Course at the University of Texas
- For fun: A Fair(y) Use Tale, a short film (10 minutes) on YouTube