24 Facts About Fair use

Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder.

Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement.

Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.

Examples of fair use in United States copyright law include commentary, search engines, criticism, parody, news reporting, research, and scholarship.

Fair use provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor test.

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In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:.

Four factors of analysis for fair use set forth above derive from the opinion of Joseph Story in Folsom v Marsh, in which the defendant had copied 353 pages from the plaintiff's 12-volume biography of George Washington in order to produce a separate two-volume work of his own.

Koons prevailed in part because his use was found transformative under the first fair use factor.

Likewise, the noncommercial purpose of a use makes it more likely to be found a fair use, but it does not make it a fair use automatically.

The court held that Warhol's Fair use was not transformative becaFair use Warhol merely imposed his own style on Goldsmith's photograph and retained the photograph's essential elements.

Fourth factor measures the effect that the allegedly infringing Fair use has had on the copyright owner's ability to exploit his original work.

Practical effect of the fair use doctrine is that a number of conventional uses of copyrighted works are not considered infringing.

Fair use is decided on a case-by-case basis, on the entirety of circumstances.

In 2009, fair use appeared as a defense in lawsuits against filesharing.

The Eleventh Circuit, applying Campbell, found that The Wind Done Gone was fair use and vacated the district court's injunction against its publication.

Cases in which a satirical use was found to be fair include Blanch v Koons and Williams v Columbia Broadcasting Systems.

Fair use's exhibit consisted of screenshots of Instagram users' pictures, which were largely unaltered, with Prince's commentary added beneath.

Sources differ on whether fair use is fully recognized by countries other than the United States.

In doing so, the court analyzed the four fair use factors adopted in 2007 and cited US case law, including Kelly v Arriba Soft Corp.

Fair use exists in Polish law and is covered by the Polish copyright law articles 23 to 35.

Finally, Polish law treats all cases in which private material was made public as a potential copyright infringement, where fair use can apply, but has to be proven by reasonable circumstances.

The open-ended concept of fair use is generally not observed in jurisdictions where fair dealing is in place, although this does vary.

Fair use dealing is established in legislation in Australia, Canada, New Zealand, Singapore, India, South Africa and the United Kingdom, among others.

Fair use is crucial to non-technology industries such as insurance, legal services, and newspaper publishers.