Fair Use Law
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 Act (title 17, U. S. Code). One of the more
important limitations is the doctrine of “fair use.” Although fair use was
not mentioned in the previous copyright law, the doctrine has developed
through a substantial number of court decisions over the years. This
doctrine 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:
1. The purpose and character of the use, including whether such use is of
commercial nature or is for nonprofit educational purposes;
2. The nature of the copyrighted work;
3. Amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
4. 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.
The 1961 Report of the Register of Copyrights on the General Revision of the
U.S. Copyright Law cites examples of activities that courts have regarded as
fair use: “quotation of excerpts in a review or criticism for purposes of
illustration or comment; quotation of short passages in a scholarly or
technical work, for illustration or clarification of the author's
observations; use in a parody of some of the content of the work parodied;
summary of an address or article, with brief quotations, in a news report;
reproduction by a library of a portion of a work to replace part of a
damaged copy; reproduction by a teacher or student of a small part of a work
to illustrate a lesson; reproduction of a work in legislative or judicial
proceedings or reports; incidental and fortuitous reproduction, in a
newsreel or broadcast, of a work located in the scene of an event being
reported.”
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.
FL-102, Revised July 2006
U.S. Copyright Office
101 Independence Avenue SE
Washington, DC 20559-6000
(202) 707-3000
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