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Fair Use
Practical Law Glossary Item 1-502-0733 (Approx. 3 pages)
Glossary
Fair Use
One of several statutory exceptions to copyright protection. Codified in Section 107 of the Copyright Act, fair use allows persons other than the copyright owner to make certain limited uses of copyrighted material without the copyright owner's permission (17 U.S.C. § 107). Fair use is an affirmative defense to copyright infringement.
Determining fair use requires a fact-based analysis that takes into account the:
- Purpose and character of the use.
- Nature of the copyrighted work.
- Amount and substantiality of the portion used in relation to the copyrighted work as a whole.
- Effect of the use on the potential market for or value of the copyrighted work.
Purposes that may support a finding of fair use include:
- Teaching, including private study or classroom use.
- Criticism or commentary.
- News reporting.
For more information about fair use, see Practice Note, Copyright Fair Use.