Fair use laws allow for someone to use small parts of copyrighted work without violating copyright protections. If the use is covered by fair use laws, then it is legal to use without seeking permission from the owner of the copyright. Fair use by definition permits the unlicensed use of copyright work in certain circumstances. Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.
If something is copyrighted how can it be used?
The fair use laws are not completely specific, so the court will examine the merits of the case and make a decision. Some examples are set out in the Copyright Act Section 107. It allows small snippets to be shown for:
- Parody
- Teaching
- Criticism
- Research and scholarship
- Comment
- News reporting
The limits of fair use are snippets, quotes, excerpts, educational copies, or summaries of the copyrighted work.
What Work Is Protected By Copyright?
Copyrights protect creative work from being copied or reproduced. The creative owner must apply for copyright protection for the work to be protected. This can be done before or after the work is published for the following creative works:
- Music
- Sound recordings
- Architectural designs
- Sculptures
- Graphics
- Pictorials
- Literature
- Choreography
- Pantomimes
- Motion pictures
- Audiovisual productions
Note that titles, pen names, titles, names, facts, ideas, government works, standardized material, and blank forms are not able to be protected by copyright laws.
What Factors Will The Court Consider When Determining Fair Use?
As per the Copyright Act Section 107, the court will consider the following four factors in fair use cases:
- Purpose – Commercial use is not included in fair use laws; the copyrighted work or a portion of it can only be used for non-profit use like education or reference. Fair use also covers what is called “transformative use” where something is added to the work or it is repurposed to be completely new.
- Nature – The nature of the work is an important factor as it is more acceptable to reference or repurpose a work based on fact like a research paper, informative article, or the news than it is to do so with creative work. Fair use laws are less likely to be applied to unpublished work as it diminishes the unpublished work.
- Quantity and quality of the use – While fair use laws allow snippets or excerpts to be used, if the portion of the copyrighted work used is too big or intrinsic to the heart of the work, then it is not covered by fair use.
- Effect on the value of the copyrighted work – Finally, the court must consider if the use of the work affected the value or potential value of the copyrighted work in any way. If it diminished the work or reduced the sales, then it is not fair use.
The court will also consider any additional evidence that the plaintiff brings to their attention that shows the harm caused by the unpermitted use. Fair use cases are heard on a case-by-case basis as there are no specific formulas for how these cases should be handled.