Summary of the fair use
doctrine of the U.S. copyright statute
How much of someone else's work can I
copy without getting
permission?
Under the fair use doctrine of the U.S. copyright
statute, it is permissible to use limited portions of a work
including quotes, for purposes such as commentary, criticism,
news reporting, and scholarly reports. There are no legal rules
permitting the use of a specific number of words, a certain
number of musical notes, or percentage of a work. Whether a
particular use qualifies as fair use depends on all the
circumstances. See
FL 102,
Fair Use, and
Circular 21,
Reproductions of Copyrighted Works by Educators and
Librarians.
FL 102
Reproduced below:
One of the
rights accorded to the owner of copyright is the right to
reproduce or to authorize others to reproduce the work in
copies or phonorecords. This
right is subject to certain limitations found in sections
107 through 118 of the copyright act (title
17, U.S. Code). One of the more important limitations is
the doctrine of “fair use.” Although fair use was not
mentioned in the previous copyright law, the doctrine has
developed through a substantial number of court decisions
over the years. This doctrine has been codified in section
107 of the copyright law.
Section 107 contains a list of the
various purposes for which the reproduction of a particular
work may be considered “fair,” such as criticism, comment,
news reporting, teaching, scholarship, and research. Section
107 also sets out four factors to be considered in
determining whether or not a particular use is fair:
- 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;
- amount and substantiality of the
portion used in relation to the copyrighted work as a
whole; and
- the effect of the use upon the
potential market for or value of the copyrighted work.
The distinction between “fair use” and
infringement may be unclear and not easily defined. There is
no specific number of words, lines, or notes that may safely
be taken without permission. Acknowledging the source of the
copyrighted material does not substitute for obtaining
permission.
The 1961 Report of the Register of
Copyrights on the General Revision of the U.S. Copyright Law
cites examples of activities that courts have regarded as
fair use: “quotation of excerpts in a review or criticism
for purposes of illustration or comment; quotation of short
passages in a scholarly or technical work, for illustration
or clarification of the author's observations; use in a
parody of some of the content of the work parodied; summary
of an address or article, with brief quotations, in a news
report; reproduction by a library of a portion of a work to
replace part of a damaged copy; reproduction by a teacher or
student of a small part of a work to illustrate a lesson;
reproduction of a work in legislative or judicial
proceedings or reports; incidental and fortuitous
reproduction, in a newsreel or broadcast, of a work located
in the scene of an event being reported.”
Copyright protects the particular way
an author has expressed himself; it does not extend to any
ideas, systems, or factual information conveyed in the work.
The safest course is always to get
permission from the copyright owner before using copyrighted
material. The Copyright Office cannot give this permission.
When it is impracticable to obtain
permission, use of copyrighted material should be avoided
unless the doctrine of “fair use” would clearly apply to the
situation. The Copyright Office can neither determine if a
certain use may be considered “fair” nor advise on possible
copyright violations. If there is any doubt, it is advisable
to consult an attorney. |
