Fair Use Explained: What You Can and Cannot Do

Fair use is the most misunderstood concept in copyright, and believing you can freely use others’ work under it leads people into expensive mistakes.

Fair use is a defense, not a right. It allows limited use of copyrighted material without permission in specific circumstances, and courts weigh it on a case-by-case basis.

The four factors courts weigh

• The purpose of the use, especially commercial versus educational
• The nature of the original work
• The amount used relative to the whole
• The effect on the market for the original

What is more likely fair

• Short quotes for criticism or commentary
• Parody that transforms the original
• Educational use of small excerpts
• Transformative uses that add new meaning

When in doubt, assume it is not fair use and get permission, because a fair use claim only helps you after you are already being sued.

Staying on the safe side

When a use is borderline, asking permission is cheaper than defending a lawsuit, so err toward caution.

• Get permission when unsure
• Use licensed or original material
• Keep records of your sources