Previous: Checklists for Fair Use

Conclusion: Fair Use is, Fair Use is not...

Fair Use is:

  • A right
  • An intentionally vague set of four factors weighed against each other to guide your use of copyrighted material when you don't have permission or a license
  • The ground rules according to which a court will decide if your use really was fair or not

Fair Use is not:

Previous: Fair Use Introduction

Four factors to determine a fair use

The four factors outlined in the language of the statute are the tests you use to guide and justify the use of copyrighted material without permission or license. These four factors need to be weighed against each other; they are not mutually exclusive.

Preface

Signed into law in 2002, the Technology, Education, And Copyright Harmonization Act is the commonplace name for a set of rewrites to §110(2) and §112(f) of Chapter 1 of the U.S. Copyright Act. The TEACH Act itself is therefore not a standalone piece of law; rather, the Act is responsible for creating essentially new versions of existing sections.