Sections 107 through 118 of Title 17 of the United States Code dealing with copyright law impose certain limitations on the right of a copyright owner to reproduce or to authorize others to reproduce a work in copies or phonorecords. One of such limitations is the doctrine of “fair use.” Among purposes for which reproduction of a work may be considered fair are criticism, comment, news reporting, teaching, scholarship and research. Section 107 sets out four factors that should be considered in determining whether or not a particular use is fair use.
- 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
Fair use is commonly asserted as an affirmative defense to a claim for copyright infringement and requires balancing of factors favoring fair use against protecting an author’s exclusive rights in the copyrighted work.
Careers
Fair Use in the Copyright Context
Sections 107 through 118 of Title 17 of the United States Code dealing with copyright law impose certain limitations on the right of a copyright owner to reproduce or to authorize others to reproduce a work in copies or phonorecords. One of such limitations is the doctrine of “fair use.” Among purposes for which reproduction of a work may be considered fair are criticism, comment, news reporting, teaching, scholarship and research. Section 107 sets out four factors that should be considered in determining whether or not a particular use is fair use.
Fair use is commonly asserted as an affirmative defense to a claim for copyright infringement and requires balancing of factors favoring fair use against protecting an author’s exclusive rights in the copyrighted work.