Four factors of fair use

Definition

The four factors of fair use are a set of criteria used to determine whether the use of copyrighted material can be considered legally permissible without obtaining permission from the copyright holder. These factors help balance the rights of the copyright owner with the public interest in the free use of information, fostering creativity and innovation while protecting original works.

5 Must Know Facts For Your Next Test

1. The first factor considers the purpose and character of the use, especially whether it is for commercial or educational purposes.
2. The second factor evaluates the nature of the copyrighted work, with published and factual works being more likely to favor fair use than unpublished or highly creative works.
3. The third factor looks at the amount and substantiality of the portion used in relation to the whole work; using a small or non-essential part is more likely to qualify as fair use.
4. The fourth factor assesses the effect of the use on the market value of the original work, with uses that do not harm the market often being favored.
5. All four factors must be considered together; no single factor determines fair use on its own, and courts often analyze cases on an individual basis.

Review Questions

• How does the purpose and character of a use influence its classification as fair use?
  • The purpose and character of a use significantly affect its classification as fair use by assessing whether the use is commercial or educational. Nonprofit educational uses are generally more likely to be deemed fair use compared to commercial uses. Additionally, transformative uses that add new meaning or purpose to the original work are favored in fair use evaluations, as they contribute to public discourse and creativity.
• Discuss how the nature of a copyrighted work impacts its eligibility for fair use under the four factors.
  • The nature of a copyrighted work plays a crucial role in determining fair use eligibility. Published works and factual content tend to favor fair use because they contribute to public knowledge and access. In contrast, unpublished or highly creative works may receive greater protection, making it less likely for their use to be classified as fair use. This distinction helps protect artistic expression while still allowing for some flexibility in the use of factual information.
• Evaluate how the market impact of a new work influences its classification under the four factors of fair use.
  • The market impact of a new work is a critical consideration in determining its classification under the four factors of fair use. If a new work negatively affects the market value or potential sales of the original copyrighted work, it is less likely to be considered fair use. Conversely, if the new work does not harm the original's market or is unlikely to substitute for it, this can support a finding of fair use. Courts evaluate this factor closely since protecting market interests is essential for maintaining incentives for creators.

Related terms

Copyright: A legal term that grants creators exclusive rights to their original works, such as literature, music, and art, preventing unauthorized use or reproduction.

Transformative Use: A type of use that adds new expression or meaning to the original work, making it eligible for fair use by altering its purpose or character.

Public Domain: Creative works that are no longer under copyright protection and can be freely used by anyone without permission.