Fair use

The American legal doctrine that users make copy copyrighted works without permission, in certain circumstances. The rules were created by Justice Story in the 1841 decision Folsom v. Marsh The guidelines were codified in 1976. See Title 17 U.S.C. Section 107.

Section 107 sets out four factors to be considered in determining whether or not a particular use is fair:[1]

1. the purpose and character of the use, such that educational and nonprofit use is favored
2. the nature of the copyrighted work, such that factual material has less protection and artistic creations have more
3. amount of the copyrighted work used, measured quantitatively and qualitatively. In some cases the entire work may be copied.
4. the effect of the use upon the commercial value of the copyrighted work.

Links

• U.S. Copyright Office - Fair Use