Copyright and Fair Use: Fair Use

The fair use doctrine is part of U.S. copyright law.  It was written to allow for the use of copyrighted material without permission or payment of license fees under certain conditions.  Fair use is for YOU -- it's what allows you to make cool multimedia presentations and mashups.  However, you need to be aware of how fair use is determined, so you can make informed decisions about using copyrighted material.  Be an ethical user of information, and exercise your right to fair use!

Read this explanation from the U.S. Copyright Office:

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.

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. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between what is fair use and what is infringement in a particular case will not always be clear or 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.

From:

U.S. Copyright Office. "Fair Use." Copyright. Ed. U.S. Copyright Office. U.S.
     Copyright Office, June 2012. Web. 11 Apr. 2014.

See: Rife, Martine Courant. "Remix as “Fair Use”: Grateful Dead Posters’ Re-publication Held to Be a Transformative, Fair Use." Conf. on College Composition and Communication. NCTE, 2008. Web. 17 Apr. 2014.
 

Use this tool from the University of Rhode Island Media Education Lab to help you evaluate Fair Use in your media projects.