56 What Is Fair Use?

Are you incorporating any materials in your research final product that were created by someone else, such as images or text from other works? These materials could be protected by copyright. For example, content you find online, text, books, movies, songs, email, images, and videos are most likely copyrighted. Fortunately, U.S. copyright law includes an exception that allows you to use copyrighted work in your assignments for class.

However, if you would like to share your research product outside of the classroom (such as on a webpage or blog or in your portfolio), you will need permission from the copyright owner(s) unless your use is covered under another statutory exception. Fair use is one such exception, and it can apply to a wide variety of uses.

In this section, you will learn about fair use and strategies to help determine whether or not a proposed use of someone else’s copyrighted works falls under the fair use exception. Understanding how to properly perform a fair use analysis and assert your fair use rights can help you to build upon others’ works with confidence.

Fair Use and Copyright – A Balance

Copyright in the U.S. is intended to promote the creation of new works by providing an incentive for creators. However, recognizing that new works often build on or incorporate existing works, the law strikes a balance between the rights of creators and the rights of users via exceptions to the exclusive rights of the creator.

The fair use exception is detailed in Section 107 of the U.S. Copyright Act. Unlike other copyright exceptions, fair use is flexible and can apply to a broad array of uses. It is designed to be adaptable to new uses and technologies so that Congress doesn’t have to create new exceptions before a new technology can be utilized.