Fair use is an exception to copyright law that allows for the unauthorized use of copyrighted works for purposes of reporting, commenting on, educating about, or even parodying. Typically, when you’re using unauthorized work under fair use, you’re using an excerpt of a work and giving proper credit while not harming the commercial value of the original work.

 

Brad Templeton gives a clear example of the distinction between infringement and fair use: “Are you reproducing an article from the New York Times because you needed to in order to criticize the quality of the New York Times, or because you couldn't find time to write your own story, or didn't want your readers to have to register at the New York Times web site? The first is probably fair use, the others probably aren't.”

 

We have an in-depth guide on fair use on this website.

 

If you have any questions about how fair use would apply to your work or the benefits and drawbacks of relying on fair use for artists and businesses, feel free to contact us at New Media Rights at (619) 591-8870 or support@newmediarights.org for free, pro bono legal assistance.

 

 

 

How much of another person’s work can I use and still be protected by fair use?

What percentage of a design must be changed to avoid copyright infringement?

Who is protected by fair use?

Is permission required to use copyrighted material of others?

Can I use portion of a copyrighted song in my own song or podcast?

Is it legal to base your site's template on another website?

 

 

The contents of this guide were created through support from the CCPF - the California Consumer Protection Foundation