Fair use allows limited or transformative use of copyrighted material without permission, including commentary, criticism, and parody. It can be used as a defense against infringement, but definitions are subject to change and should be reviewed before use.
In its most basic sense, fair use refers to the use of copyrighted material for limited or transformative purposes. Transformer means that with the help of the original material a new work has been created. Under fair use law, original material may be used without the original owner’s permission. Uses of the material may include commentary or criticism of the material. Another use could be to parody the source material.
Fair use can also be used as a defense against infringement. If the use of the material is in any of the above titles, it will not be considered a copyright infringement. Copyright infringement is a very serious crime. If you are found guilty of an offence, fines can be severe.
Millions of dollars are spent each year to determine the correct fair use device. The judges and lawyers who created the fair use law did not want to limit its application. They wanted it to have a broad meaning that could be open to discussion, in the same way as free speech.
Fair use definitions generally fall into two basic categories. The first is commentary and criticism. For example, if you are writing a book or movie review, you can use some of the reviewer’s original work. Using a few lines from a song in a music review is also considered fair use. A student or teacher may copy a few paragraphs from an article to be used in a lesson and this is not considered a violation.
The rationale behind the above uses is that the audience, and sometimes the original artist, can benefit from the revision you’ve written. The original material will strengthen the review you have written. The second definition to which fair use can be applied is parody. To parody someone’s material is usually to beat them up or imitate them in some way for comic or satirical use. The source material generally must be well known for this to work, and extensive use of the source material is generally allowed.
Even so, copyright and fair use laws have always changed the standards. Courts have spent a great deal of time and money deciding what constitutes fair use and what does not. For example, an idea cannot be copyrighted. Only when the idea is presented in some tangible way, such as when it is written or performed, does the creator legally own it. You should carefully review the fair use definitions before using or “borrowing” anyone else’s material.
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