Fair Use

Fair Use Policy

Fair Use is a legal doctrine in United States copyright law that permits limited use of copyrighted material without acquiring permission from the rights holders. It is an affirmative defense that can be raised in response to a claim of copyright infringement. Similar doctrines, such as "fair dealing," exist in other countries.

It's important to understand that fair use is not a right to use copyrighted material without permission; rather, it's a legal defense that allows for certain uses under specific circumstances, often for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

The determination of whether a particular use is "fair" is made on a case-by-case basis, considering four primary factors:

The Four Factors of Fair Use

Purpose and Character of the Use: This factor considers whether the use is for commercial or non-profit educational purposes. Transformative uses (those that add new meaning, expression, or message to the original work) are generally favored. For example, using a copyrighted image in a parody or for critical commentary is often considered transformative.

Nature of the Copyrighted Work: This factor looks at the type of copyrighted work being used. Factual or non-fiction works are more likely to be considered fair use than highly creative works (like novels, music, or art). Unpublished works also receive greater protection.

Amount and Substantiality of the Portion Used: This factor assesses how much of the copyrighted work is used in relation to the work as a whole. Generally, using a smaller portion is more likely to be considered fair use. However, using a "heart" or significant part of the work, even if it's a small percentage, can weigh against fair use.

Effect of the Use Upon the Potential Market for or Value of the Copyrighted Work: This is often considered the most important factor. It examines whether the new use harms the market for the original work or its potential for future licensing. If the use competes directly with the original work or diminishes its value, it is less likely to be considered fair use.

Fair Use on This Wiki

This wiki recognizes the concept of fair use. However, it is the sole responsibility of the uploader to ensure that any material they upload under a fair use claim genuinely meets the criteria for fair use.

If you are uploading a file to this wiki under a claim of fair use, you must provide a detailed justification on the file's description page. This justification should address each of the four factors listed above, explaining why your specific use qualifies as fair use.

Disclaimer: This Fair Use Policy is for informational purposes only and does not constitute legal advice. Copyright law is complex, and fair use determinations are highly fact-specific. If you have questions about whether your use of copyrighted material is permissible, you should consult with a legal professional.

For more information on fair use, you can refer to resources from reputable institutions:

Stanford University Libraries - Fair Use Overview

U.S. Copyright Office - Fair Use