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A provision for using a work with reduced concern of infringement
What it is and why to care
Fair Use is a provision in the U.S. Copyright Code that permits use of copyrighted materials without explicit permission of the copyright owner under certain conditions. Read more @ copyright.gov.
What US Copyright Law details
Here are some examples of uses US Copyright Law considers fair (Read more @ copyright.gov):
A report (No. 94-1476) from the The US House of Representatives goes into more detail by citing a 1961 report that highlights uses courts deemed to be fair:
Figuring out what might be fair beyond the details
In addition to the above exceptions to copyright exclusivity, there are also four factors to consider when determining if a use benefits from the Fair Use Provision.
Read more Stanford University Libraries. "Measuring Fair Use: The Four Factors." Stanford University.
Ways to think about application
The Four Factors can be understood as weights on a balance scale, one side which favors fair use and the other which opposes. An analysis of the factors places a small or large weight in one pan or the other depending upon the determination. Once you consider all four factors, how balanced the scale is will help determine if the use favors fair use or not.
Read more Copying an Image for a Website Case Study
Is your use absolutely protected by the Fair Use Provision? There is no definitive answer. (Not that people haven’t tried.) A reasonable evaluation of the Four Factors comes when you learn about them and understand how courts have ruled about them in cases.
Read more Stanford University Libraries. "Measuring Fair Use: The Four Factors." Stanford University.
This Fair Use Analysis Tool will help you see how the four factors weigh with and against each other to help you decide what is fair use.
You may also get assistance from a copyright specialist or AU's Office of General Counsel.
There are few bright lines between legal and illegal no matter what some might say.
Be aware that guidelines you might use or read about are merely suggestions. US Copyright Law offers no quantities for assessing fair use. Guidelines may help you to think about amounts, but may severely limit your ability to use or reuse copyrighted works in reasonable ways that exceed the guidelines but still fall within the provisions of Fair Use.
In copyright, there are very few true bright lines. Ultimately, only a court can determine if a use is fair. Statutory law can only say so much, then a judge must interpret through case law.
MLA Style (Modern Language Association, 8th ed.)
Example “Public Domain.” The Copyright Desk. Arcadia University, 2020, https://www.arcadia.edu/landman-library/services/copyright/public-domain. Accessed 1 Sept. 2020.
Learn more Purdue Online Writing Lab [OWL]. MLA Works Cited: Electronic Sources (Web Publications). Purdue University.
APA Style (American Psychological Association, 7th ed.)
Example The Copyright Desk. (2020). Public Domain. Arcadia University. Retrieved September 1, 2020, from https://www.arcadia.edu/landman-library/services/copyright/public-domain
Learn more Purdue Online Writing Lab [OWL]. Reference List: Electronic Sources [APA]. Purdue University.
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