Purpose and character of use

Definition

Purpose and character of use refers to a key factor in determining whether a particular use of copyrighted material qualifies as fair use. This concept examines the intent behind the use and whether it adds new expression or meaning, making it transformative. Generally, commercial uses are less favored compared to non-profit educational or transformative uses, which are more likely to be deemed fair.

5 Must Know Facts For Your Next Test

1. The purpose and character of use is one of the four factors used to determine fair use, along with the nature of the copyrighted work, the amount used, and the effect on the market value.
2. Uses that are for educational, non-profit, or research purposes are more likely to be considered fair than those for commercial gain.
3. Transformative uses are those that provide new insights, understandings, or aesthetics that change the original work's meaning or message.
4. When assessing purpose and character, courts often look at whether the new work serves a different function than the original.
5. The more a use adds new expression or meaning, the more likely it will be seen as fair use under this factor.

Review Questions

• How does the purpose and character of use factor into determining whether a specific instance qualifies as fair use?
  • The purpose and character of use is crucial in assessing fair use because it examines why the copyrighted material was used and how it was transformed. Courts consider if the use serves a different purpose than the original work—such as being educational or critical. If the new work adds something significant to the original, like commentary or parody, it's more likely to be seen as fair use.
• In what ways does transformative use relate to purpose and character of use in fair use evaluations?
  • Transformative use directly relates to purpose and character because it addresses how much a new work alters the original. If a new work provides fresh insights or alters meaning, it aligns with the concept of purpose by showing that it has a different aim. Courts favor transformative works since they often fall under educational or commentary categories, enhancing their chances of being deemed fair use.
• Evaluate how commercial vs. non-commercial purposes influence court decisions regarding purpose and character of use.
  • In court decisions, commercial purposes generally have a negative impact on fair use claims related to purpose and character of use. When a work is used for profit, it’s scrutinized more closely because it competes directly with the original creator’s market. In contrast, non-commercial purposes such as education or commentary usually weigh in favor of fair use, as they suggest an intent that benefits society rather than personal profit. This dichotomy highlights how courts balance creators' rights with public interests in their decisions.

Related terms

Transformative Use: A use that adds new expression or meaning to the original work, which can strengthen the argument for fair use.

Fair Use Doctrine: A legal doctrine that allows limited use of copyrighted material without permission from the rights holder under specific circumstances.

Commercial Use: Any use of a work that is intended for commercial advantage or monetary compensation, which is generally viewed less favorably in fair use assessments.