Fair use

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The sole right to publish, copy, reproduce, sell and distribute copyrighted works belongs to the copyright owner of that work. However, copyright law creates some limitations on that exclusive right, allowing others to make use of a work in a way that would otherwise be in violation. "Fair Use" of work is one of these exceptions.

The text of the US Code allowing Fair Use is as follows:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the 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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

The four factors described above must be analysed to determine if a use of a work is a "fair" use. Unfortunately, there are no hard and fast rules. Each case must be evaluated.