Fair Use

Overview

"Fair Use" is the so-called "educational exception" to copyright laws. However, like copyright legislation, it is not as simple or straightforward as it sounds.

The "Fair Use" act is an elaboration of parts of the copyright laws. The simplest definition is that "fair use" is any use of copyrighted material that is done for a very limited and "transforming" purpose. "Transforming" purposes are generally understood to be uses of copyrighted material for the purpose of commentary, criticism, or parody. These uses do not require the permission of the owner of the copyrighted work.

This may seem like a fairly simple definition, but as many court cases have proven, the "Fair Use" act is quite open to interpretation.

Most "fair use" analyses fall into the commentary/criticism or the parody categories. When commenting on or critiquing a copyrighted work, it is permissible to reproduce portions of the copyrighted material. The underlying rationale is that the inclusion of the copyrighted material enhances the review that you are writing and is of some value to the public. When writing papers and doing research, this is the form of fair use that you will most often encounter.

To parody something is to create a work that ridicules another work, usually a well-known one, in a comedic way. Because of the nature of parody, this fair use example allows heavier borrowing from the original work then other forms of fair use do.

Examples of Fair Use

Making a copy of a journal article for use in a class presentation.
Including a copy photograph or a painting in a paper that discusses that piece of art.
Quoting from a published work in order to support and enhance your position in a research paper.

Always remember to credit your sources. And the less you "borrow" from a copyrighted work, the more likely it is that your use of the material would fall under the "Fair Use" laws.

Summary

In general, if you are considering whether your use of a copyrighted work will violate the "Fair Use" act and possibly leave you open to legal action, here are two points to keep in mind. Will your use of the copyrighted material possibly cause the copyright owner to loose money and lower the market value of their material? And would the copyright owner find your use of their work offensive? If your usage of the material passes both of these tests, you probably do not need to worry.

For more information on "Fair Use" laws:

Stanford University Libraries: Copyright and Fair Use
Fair Use of Copyrighted Works: A Crucial Element in Educating America
Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web