How does fair use work under the copyright law?

Answer 1

Fair use is a statutory or common law defense to infringement of copyright, which arises by determination that the alleged infringement does not harm the copyright owner and does not unfairly enrich the infringer.

Answer 2

The "fair use" exception in copyright law allows for use of a portion of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, without permission.

Answer 3

"Fair use" is an exception in copyright law that allows for reproduction of a particular work for purposes such as criticism, comment, news reporting, teaching, scholarship, and research

The four primary factors that must be considered in establishing whether or not an infringement is justified as "fair use" are...

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work

Answer 4

Fair use, or in some countries, "fair dealing", may be used as a defense to charges of copyright infringement if the defendant can prove that the alleged infringement qualifies under the criteria.

In the USA, "fair use" is based upon many years of court cases that were "codified" in a statute as a "set of factors" to be considered and weighed by the jury. It is quite rare for a "fair use" defense to succeed at trial.