Fair use is a legal doctrine that allows limited use of copyrighted material without seeking permission from the copyright owner or violating their exclusive rights. It provides a balance between the rights of the copyright holder and the rights of the users or creators of new works.
The fair use rule is a set of guidelines that determine when the use of copyrighted material is considered fair, which may vary depending on the jurisdiction. These guidelines help determine whether using copyrighted material without permission may be legally allowed. While the specific criteria for fair use can vary between countries, there are four main factors commonly considered:
1. The purpose and character of the use: This factor evaluates how the copyrighted material is being used and whether it is for commercial purposes, non-profit educational purposes, or transformative purposes such as commentary, criticism, or parody.
2. The nature of the copyrighted work: Evaluates the type of work being used, such as whether it is factual or creative in nature, and the inherent value of the work.
3. The amount and substantiality of the portion used: Considers the quantity and importance of the copyrighted material being used in relation to the whole work.
4. The effect on the market for the original work: Assesses whether the use of copyrighted material harms the potential market value or potential licensing opportunities for the original work.
The fair use rule allows for the legal use of copyrighted material in certain circumstances, such as for educational purposes, commentary, or news reporting, ensuring that copyright law maintains a balance between protecting the rights of copyright holders and promoting innovation and freedom of expression.
