Fair
use is the key limitation on the copyright holder's exclusive rights
to a work.
Fair use is
a
provision of US Copyright law,
Section 107,
that allows
for limited use of copyrighted materials for certain individuals
(such as professors or reporters) and under certain
circumstances without permission from the rights' holders.
Circumstances that constitute fair use include works being used
for the purposes of:
criticism,
commentary, news reporting, teaching, scholarship and research.
Section 107
includes FOUR FACTORS that are to be considered
each time one wants to make use of a copyrighted
material. The four factors include:
1)
the purpose and character of the use, including whether such use
is for nonprofit educational purposes or of a commercial nature;
2) the nature of the copyrighted work;
3) the amount copied and the substantiality of the portion used
in relation to the copyrighted work as a whole; and
4) the effect of the use upon the potential market for, or value
of, the copyrighted work
For more information,
see
Section 107 of the US. Copyright law which covers Limitations
on exclusive rights of the copyright holder, or the University
of Texas System's Copyright Rules of Thumb on fair use.
|