Fair Use under Intellectual Property
Fair Use under Intellectual Property
Fair Use is a legal doctrine that allows limited use of copyrighted material without the permission of the copyright owner. It aims to balance the interests of creators with the public interest in the free flow of information and ideas.
Purpose of Fair Use
Encourage creativity, education, criticism, commentary, and news reporting.
Prevent copyright from overly restricting access to information.
Allow certain uses of copyrighted works that benefit society.
Factors Considered in Fair Use
Courts typically examine multiple factors to decide if a use qualifies as fair use:
Purpose and Character of Use
Whether the use is for commercial or nonprofit educational purposes. Uses that add new expression or meaning (transformative use) are more likely to be fair.
Nature of the Copyrighted Work
Use of factual or published works is more likely to be fair than use of highly creative or unpublished works.
Amount and Substantiality
How much of the original work is used, and whether the "heart" of the work is taken.
Effect on the Market
Whether the use negatively impacts the market value or potential market of the original work.
Case Law Examples
1. Campbell v. Acuff-Rose Music, Inc. (1994)
In this case, a rap group created a parody of a well-known song. The court ruled that parody can qualify as fair use because it adds new expression and social commentary, even if the use is commercial.
Key takeaway: Transformative use, such as parody or critique, weighs heavily toward fair use.
2. Harper & Row v. Nation Enterprises (1985)
The defendant published excerpts of an unpublished memoir without permission. The court ruled against fair use, emphasizing the unpublished nature of the work and the substantial portion taken.
Key takeaway: Using unpublished works and taking the “heart” of the work weighs against fair use.
3. Sony Corp. of America v. Universal City Studios (1984)
This case involved recording TV shows for later personal viewing (time-shifting). The court found this use to be fair because it was noncommercial and did not harm the market for the shows.
Key takeaway: Noncommercial personal use may qualify as fair use if it doesn’t harm the market.
4. Bill Graham Archives v. Dorling Kindersley Ltd. (2006)
The use of small, low-resolution images in a biography book was held to be fair use because the images were used in a different context to illustrate history and were transformative.
Key takeaway: Use that transforms the work’s purpose and adds new meaning favors fair use.
Summary
Fair Use is a flexible doctrine allowing limited use of copyrighted material without permission, primarily to encourage creativity, education, and public discourse. Courts assess fair use based on the purpose of use, nature of the work, amount taken, and effect on the market. Cases like Campbell v. Acuff-Rose (parody), Harper & Row (unpublished works), Sony v. Universal (time-shifting), and Bill Graham Archives (transformative use) illustrate these principles in action.
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