|
|
|
|
|
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 (title 17, U. S. Code). One of the more important limitations is the
doctrine of “fair use.” Although fair use was not mentioned in the previous
copyright law, the doctrine has developed through a substantial number of court
decisions over the years. This doctrine 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:
1.
the purpose
and character of the use, including whether such use is of commercial nature or
is for nonprofit educational purposes;
2.
the nature of
the copyrighted work;
3.
amount and
substantiality of the portion used in relation to the copyrighted work as a
whole; and
4.
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.
The 1961 Report of the Register of Copyrights on the General
Revision of the U.S. Copyright Law cites
examples of activities that courts have regarded as fair use: “quotation of
excerpts in a review or criticism for purposes of illustration or comment;
quotation of short passages in a scholarly or technical work, for illustration
or clarification of the author's observations; use in a parody of some of the
content of the work parodied; summary of an address or article, with brief
quotations, in a news report; reproduction by a library of a portion of a work
to replace part of a damaged copy; reproduction by a teacher or student of a
small part of a work to illustrate a lesson; reproduction of a work in
legislative or judicial proceedings or reports; incidental and fortuitous
reproduction, in a newsreel or broadcast, of a work located in the scene of an
event being reported.”
Copyright protects the particular way an author has
expressed himself; it does not extend to any ideas, systems, or factual
information conveyed in the work.
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.
FL-102, Revised July 2006
Home | Contact Us | Legal Notices | Freedom of Information Act (FOIA) | Library of Congress
U.S. Copyright Office
101 Independence Avenue SE
Washington, DC 20559-6000
(202) 707-3000