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Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by ...
Finally, some courts find that all prongs of the Feist and Arnstein tests are met, but that the copying is nevertheless permitted under the fair use doctrine. Fair use analysis includes multiple factors, one of which is the "nature of the copyright work," and some courts find that factual works provide greater leeway for fair use than fictional ...
Fair use is the use of limited amounts of copyrighted material in such a way as to not be an infringement. It is codified at 17 U.S.C. § 107, and states that "the fair use of a copyrighted work ... is not an infringement of copyright." The section lists four factors that must be assessed to determine whether a particular use is fair.
In the US, fair use (in the UK, fair dealing) is explicitly permitted as well, as is the right to sell a licensed copy of a copyrighted work, such as a video tape or sound recording. Also, both the Berne Convention and US law require that a work have some original creativity to be eligible for a copyright monopoly.
/ Can I copy-paste this text into Wikipedia? Possible/suspected violation; Complex issues/fair use checking – fair use is singled out as a complex issue, because often, when disputed, it is a matter of judgement whether the specified use is, or isn't, likely to be reasonable fair use.
Additionally, the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this ...
The ruling established that the DMCA was not unconstitutional, and that while it did place a burden on users accessing works for fair use, the DMCA did not outright restrict fair use. In the case of the ebook example, the ruling observed that the user may have to type a quote from the ebook rather than copy and paste from the unprotected version.
When copyrighted text must be quoted, see the plagiarism and non-free content guidelines. Extensive quotation of copyrighted text is prohibited. Although quoting involves copying another writer's work without permission, it is generally permitted under fair use rules in the United States.