Fair use, in its most basic form, refers to the use of copyrighted material for a specific or transformative purpose. The term “transformative” refers to the creation of a new work using the original material. Original material can be used without the permission of the original owner under the fair use law. Commenting or criticizing the material are examples of possible uses for the material. Another option is to make a parody of the original material.
In some cases, fair use can be used to defend against infringement. If your use of the material falls under one of the categories listed above, it is not considered a copyright infringement. Infringement on a copyright is a serious offense. Penalties can be severe if you are found guilty of infringement.
Every year, millions of dollars are spent to determine the proper application of fair use. The law’s creators, judges and lawyers, did not want to limit its application. They wanted it to have a broad meaning that could be debated, similar to how freedom of speech is debated.
Definitions of fair use usually fall into one of two categories. The first is criticism and comment. If you’re writing a book or film review, for example, you can incorporate some of the original work into the review. Fair use also includes using a few lines from a song in a music review. It is not considered infringement if a student or teacher copies a few paragraphs from a news article for use in a lesson.
The above justifications are based on the fact that the public, as well as the original artist, may benefit from the review you’ve written. The original content will add weight to the review you’ve written. Parody is the second definition to which fair use can be applied. Parodying someone’s work usually entails mocking or imitating it in some way for comedic or satirical purposes. In order for this to work, the original material must be well-known, and extensive use of the original material is usually permitted.
Even so, copyright and fair use laws are subject to constant change. The courts have spent a lot of time and money deciding what constitutes fair use and what does not. An idea, for example, cannot be copyrighted. The creator legally owns an idea only when it is put down in some sort of tangible form, such as writing it down or performing it. Before using or “borrowing” someone else’s material, make sure you understand the definitions of fair use.