Fair use is a portion of the copyright law that is often misunderstood, but it is crucial that people understand it so that they have an accurate perception of the guidelines that come along with it. The idea behind fair use is that it allows people to use copyrighted works without permission of the copyright owner as long as they abide by certain regulations. There are four main regulations that people must be conscious of when applying fair use. People must consider the purpose and character of the use, the nature of the original copyrighted work, the amount and substance taken from the original work, and the effect on the market value of the original work.
When the purpose and character of the reuse is examined, one must give thought to whether the use is commercial or noncommercial. It is also important to question whether or not the use is “transformative”, or whether or not the reuse adds a new meaning or message to the original piece. Reuse of a work is more likely to be considered as fair use if it is noncommercial and transformative.
The nature of the original copyrighted work must also be examined, as a piece is more likely to be considered as fair use if it is factual rather than creative because facts are not protected by the copyright law. Contrary to popular belief, an original work is also more likely to be considered as fair use than if it is unpublished.
The amount and substance taken from the original work is reviewed when determining whether a piece is considered as fair use or not, as the more substance that one uses from a piece, the less likely it is to be considered as fair use. For this reason, people should try their best to only take as much as they absolutely need from an original piece. How much a person took from a piece in relation to his or her own piece is evaluated as well, for if a person’s piece is only a page long and three quarters of it is taken from another work, it is less likely to be labeled as fair use. What the person reuses from an original work is important, too. If the heart of the original work is reused, it is less likely to be fair use because the most valuable pieces from the original work are being reused elsewhere.
Finally, the effect that the reused piece will have on the market value of the original piece matters. If the reuse of the piece affects the value or potential of the original work, then it is less likely to be considered as fake news.
These are the main guidelines that people must follow in order to have a piece rightfully considered as fair use.
Neil, A. & Karobonik, T. (2016). Don’t Panic, A Legal Guide for Small Businesses and Creative Professionals. San Diego, CA: New Media Rights
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