fair use

fair use is a doctrine in United States copyright law that permits limited use of copyrighted material without obtaining permission from the copyright holder. This doctrine is often relied upon by Wikipedia, Google, YouTube, and other online platforms to justify the use of copyrighted material, such as music by The Beatles, Michael Jackson, and Elvis Presley, as well as films like Star Wars, The Lord of the Rings, and The Matrix. The concept of fair use has been influential in shaping the copyright law of other countries, including Canada, Australia, and the United Kingdom, where it is known as Fair dealing. The World Intellectual Property Organization and the European Union have also recognized the importance of fair use in promoting creativity and innovation.

Definition and purpose

The definition and purpose of fair use are rooted in the United States Constitution, which grants Congress the power to promote the progress of science and useful arts by securing for authors and inventors the exclusive right to their respective writings and discoveries. The Copyright Act of 1976, which was signed into law by President Gerald Ford, provides that fair use of a copyrighted work is not an infringement of copyright. The purpose of fair use is to balance the intellectual property rights of copyright holders, such as Disney, Warner Bros., and Universal Studios, with the need to promote creativity, innovation, and free speech, as recognized by the Supreme Court of the United States in cases like New York Times Co. v. Sullivan and Hustler Magazine v. Falwell. This balance is essential for the development of art, literature, and music, as seen in the works of William Shakespeare, Johann Sebastian Bach, and Vincent van Gogh.

Legal framework

The legal framework for fair use is provided by the Copyright Act of 1976, which was amended by the Digital Millennium Copyright Act in 1998, signed into law by President Bill Clinton. The Copyright Act of 1976 sets out four factors that must be considered in determining whether a use is fair use: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the copyrighted work. These factors have been applied in various court cases, including Campbell v. Acuff-Rose Music, which involved a parody of Roy Orbison's song Oh, Pretty Woman by 2 Live Crew, and Eldred v. Ashcroft, which challenged the Copyright Term Extension Act of 1998, signed into law by President Bill Clinton. The World Intellectual Property Organization and the European Union have also developed guidelines for the application of fair use in the digital age, as seen in the WIPO Copyright Treaty and the Information Society Directive.

Criteria and factors

The criteria and factors for determining fair use are complex and nuanced, involving a careful balancing of the intellectual property rights of copyright holders, such as Sony, Microsoft, and Apple, with the need to promote creativity, innovation, and free speech. The four factors set out in the Copyright Act of 1976 must be considered in each case, taking into account the specific circumstances and the public interest. For example, the use of copyrighted material in educational settings, such as Harvard University, Stanford University, and MIT, may be considered fair use if it is for a non-commercial purpose and does not harm the market for the copyrighted work. Similarly, the use of copyrighted material in news reporting, such as by The New York Times, The Washington Post, and BBC News, may be considered fair use if it is for a transformative purpose and does not harm the market for the copyrighted work.

Application by medium

The application of fair use varies by medium, with different rules and guidelines applying to music, film, literature, and other forms of creative work. For example, the use of copyrighted music in film and television productions, such as The Simpsons, The Sopranos, and Game of Thrones, may be considered fair use if it is for a transformative purpose and does not harm the market for the copyrighted work. Similarly, the use of copyrighted literature in academic publishing, such as in journals like Nature and Science, may be considered fair use if it is for a non-commercial purpose and does not harm the market for the copyrighted work. The internet and social media have also raised new questions about the application of fair use, as seen in cases like Lenz v. Universal Music Corp. and Higgins v. Detroit Free Press.

International perspectives

The concept of fair use is not unique to the United States and has been adopted in various forms by other countries, including Canada, Australia, and the United Kingdom. The World Intellectual Property Organization and the European Union have also recognized the importance of fair use in promoting creativity and innovation. For example, the European Union's Information Society Directive provides for a fair use-style exception to copyright infringement, while the World Intellectual Property Organization's WIPO Copyright Treaty sets out a framework for the protection of copyright in the digital age. The Berne Convention and the ROME Convention also provide for international protection of copyright and related rights, as seen in cases like ITV Broadcasting Ltd v TVCatchup Ltd and SAS Institute Inc v World Programming Ltd.

Notable court cases

There have been many notable court cases involving fair use, including Campbell v. Acuff-Rose Music, Eldred v. Ashcroft, and Lenz v. Universal Music Corp.. These cases have helped to shape the copyright law of the United States and have influenced the development of fair use in other countries. For example, the Supreme Court of the United States' decision in Campbell v. Acuff-Rose Music established that a parody of a copyrighted work can be considered fair use if it is transformative and does not harm the market for the copyrighted work. Similarly, the Supreme Court of the United States' decision in Eldred v. Ashcroft upheld the Copyright Term Extension Act of 1998, which extended the term of copyright protection by 20 years. The Court of Justice of the European Union has also issued important decisions on fair use, such as in Infopaq International A/S v Danske Dagblades Forening and Public Relations Consultants Association Ltd v Newspaper Licensing Agency Ltd. Category:Copyright law