Who can claim fair use?
Generally, the fair use doctrine applies to anyone who wants to use parts of copyrighted work or the entirety of a copyrighted work without permission. Fair use analysis helps you determine whether or not you can legally use someone’s work.
In formal legal proceedings, it is a common defense for persons accused of copyright infringement (which is copying, redistributing, selling a work that you don’t own the rights to without permission). The "fair use" is available to anyone who wishes to use copyrighted material—whatever the purpose. Whether its successful, however, depends on numerous factors.
Although the fair use defense must be determined by looking at the specific facts of each situation, there are some situations where courts have been consistently wary to find fair use:
1. the purpose and character of the use;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used; and
4. the effect on the creator’s potential market and value of her work.
Moreover, there are situations where courts have consistently found fair use:
2. satires; and
3. educational purposes.
What is the meaning of fair use?
The "fair use" exception in copyright law allows for use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use).
Who does Fair Use Doctrine apply to?
The "fair use" test applies to anyone who wishes to use a copyrighted work (or portions thereof) without permission.
If you have questions about how you can benefit from fair use, feel free to contact us at New Media Rights at (619) 591-8870
for free, pro bono legal assistance.