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The copyright law of the
United States (Title 17, United States Code) governs the making of photocopies
or other reproductions of copyrighted material. One of the rights accorded to
the owner of copyright is the right to reproduce or to authorize others to
reproduce the work in copies or phonorecords. This right is subject to certain
limitations found in sections 107 through 118 of the Copyright Act. One of the
more important limitations is the doctrine of “fair use.” Fair use has been
codified in section 107 of the copyright law.
Section 107 contains a list
of the various purposes for which the reproduction of a particular work may be
considered “fair,” such as criticism, comment, news reporting, teaching,
scholarship, and research.
Section 107 also sets out
four factors to be considered in determining whether or not a particular use is
fair:
Ø
the purpose and character of the
use, including whether such use is of commercial nature or is for nonprofit
educational
purposes
Ø
the nature of the copyrighted work
Ø
amount and substantiality of the
portion used in relation to the copyrighted work as a whole
Ø
the effect of the use upon the
potential market for or value of the copyrighted work
The distinction between
“fair use” and infringement may be unclear and not easily defined. There is no
specific number of words, lines, or notes that may safely be taken without
permission. Acknowledging the source of the copyrighted material does not
substitute for obtaining permission.
Here are examples of
activities that courts have regarded as fair use:
Ø
quotation of excerpts in a review
or criticism for purposes of illustration or comment
Ø
quotation of short passages in a
scholarly or technical work, for illustration or clarification of the author's
observations
Ø
use in a parody of some of the
content of the work parodied
Ø
summary of an address or article,
with brief quotations, in a news report
Ø
reproduction by a library of a
portion of a work to replace part of a damaged copy
Ø
reproduction by a teacher or
student of a small part of a work to illustrate a lesson
Ø
reproduction of a work in
legislative or judicial proceedings or report
Ø
incidental and fortuitous
reproduction, in a newsreel or broadcast, of a work located in the scene of an
event being reported.
The safest course is always
to get permission from the copyright owner before using copyrighted material.
The Copyright Office cannot give this permission. When it is impracticable to
obtain permission, use of copyrighted material should be avoided unless the
doctrine of “fair use” would clearly apply to the situation. The Copyright
Office can neither determine if a certain use may be considered “fair” nor
advise on possible copyright violations. If there is any doubt, it is advisable
to consult an attorney.
If you have questions about
copyright, ask a reference librarian or consult Title 17 of the United States
Code.
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