Fair Use

Definition

Fair use is a legal doctrine that permits limited use of copyrighted material without obtaining permission from the rights holder. This concept is essential for journalists, as it allows for the incorporation of various forms of content, such as quotes, images, and videos, while balancing the rights of copyright holders with the public's interest in free expression and information sharing.

5 Must Know Facts For Your Next Test

1. Fair use is determined by four factors: purpose and character of use, nature of the copyrighted work, amount used, and effect on the market value.
2. Commercial use is less likely to be considered fair use compared to non-profit or educational uses, but it can still qualify depending on other factors.
3. Quotes and brief excerpts from copyrighted works are more likely to be protected under fair use than longer passages.
4. Using content for commentary, criticism, or news reporting is generally favored under fair use protections.
5. Journalists should always err on the side of caution and consider seeking permission when in doubt about fair use applicability.

Review Questions

• How does fair use apply to fact-checking procedures in journalism?
  • Fair use plays a vital role in fact-checking as it allows journalists to reference and quote sources without needing permission. This practice enables reporters to verify claims made by public figures or organizations while providing necessary context. The ability to use brief excerpts under fair use encourages transparency and accountability in journalism by allowing the audience to see the basis for reported facts.
• What are the implications of fair use when updating online content and disclosures?
  • When updating online content, fair use allows journalists to incorporate previously published material, but they must consider how their updates might affect the market for that original work. If an update transforms the original content significantly or adds new context, it might be deemed fair use. However, repeated updates using substantial portions of copyrighted material could lead to potential legal issues if not properly attributed or justified.
• Evaluate how the understanding of fair use might influence a journalist's approach to blending news and opinion in online reporting.
  • Understanding fair use can greatly influence how journalists blend news and opinion by informing them about what types of content they can incorporate without infringing on copyright. When journalists utilize fair use correctly, they can provide commentary or analysis based on existing news stories while respecting copyright laws. A nuanced grasp of fair use helps them navigate ethical considerations, ensuring that their opinions are backed by relevant facts without misappropriating original works.

Related terms

Copyright: A legal right that grants the creator of original work exclusive control over its use and distribution, typically for a limited time.

Transformative Use: A concept under fair use where the new work adds something new, with a further purpose or different character, thus altering the original work in a significant way.

Attribution: The practice of giving credit to the original creator or source of content, which is crucial to avoid plagiarism and maintain ethical standards in journalism.