Fair use allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching and research. It is decided case by case.
The four factors
- The purpose and character of the use, including whether it is transformative or commercial.
- The nature of the copyrighted work.
- The amount and substantiality used.
- The effect on the market for the original.
Myths
- There is no safe number of words or seconds.
- Giving credit does not by itself make a use fair.
- Not charging money does not automatically make it fair.
- A disclaimer does not create fair use.
Examples that may qualify
- Quoting a passage in a book review.
- Parody that comments on the original.
- Using a small clip for news reporting.
- Teaching uses in some contexts.
Reduce risk
- Use only what you need.
- Add your own commentary or transformation.
- Consider licensed or public domain material.
- Ask permission when in doubt.
- Talk to an attorney for commercial projects.
Frequently asked questions
Can a platform remove content despite fair use?
Yes. Platforms may follow their own rules and takedown processes.
Is fair use a defense or a right?
It is a defense raised after a claim of infringement.