Fair Use
What does "Fair Use" mean in law?
Fair use is an affirmative defense to copyright infringement codified in 17 U.S.C. section 107 that permits limited use of copyrighted material without the copyright holder's permission. Courts evaluate four statutory factors: (1) the purpose and character of the use, including whether it is commercial or transformative; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the whole; and (4) the effect of the use on the potential market for the copyrighted work. In A&M Records, Inc. v. Napster, Inc. (2001), the Ninth Circuit held that Napster users' wholesale copying of copyrighted music files was not fair use, particularly because the copying was commercial in nature and displaced the market for authorized sales.
Definition
Fair use is an affirmative defense to copyright infringement codified in 17 U.S.C. section 107 that permits limited use of copyrighted material without the copyright holder's permission. Courts evaluate four statutory factors: (1) the purpose and character of the use, including whether it is commercial or transformative; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the whole; and (4) the effect of the use on the potential market for the copyrighted work. In A&M Records, Inc. v. Napster, Inc. (2001), the Ninth Circuit held that Napster users' wholesale copying of copyrighted music files was not fair use, particularly because the copying was commercial in nature and displaced the market for authorized sales.
Example
A law professor photocopies a single page from a casebook to distribute in class for educational discussion, which is likely fair use given the educational purpose, limited amount copied, and minimal market impact.