What Fair Use (U.S. Copyright) requires
A proposed use of copyrighted material under these parameters presents a compelling case for the fair use affirmative defense, as delineated within 17 U.S.C. § 107, thereby not requiring mandatory legal review. The first statutory factor, the purpose and character of the use, weighs strongly in favor of fair use because the application is fundamentally transformative, consistent with the standard established in Campbell v. Acuff-Rose Music, Inc. This is reinforced by its non-commercial purpose and its function as parody or criticism, which serves statutory category discourse. Regarding the second factor, the nature of the copyrighted work, the subject material is published and not highly creative, making it more amenable to fair use than unpublished works, a principle highlighted in Harper & Row, Publishers, Inc. v. Nation Enterprises. The third factor, concerning the amount and substantiality of the portion used, also supports this determination; the use is limited to a mere 10 percent of the source and critically does not appropriate the qualitative heart of the work. Finally, the fourth factor, analyzing the effect on the potential market, is decisively favorable. With a market harm severity score of zero, the new creation does not act as a market substitute, preventing the usurpation of the original's value, a core concern that underpins the exclusive rights granted by 17 U.S.C. § 106. The application of these principles, also seen in transformative use contexts like Google LLC v. Oracle America, Inc. and Authors Guild v. Google, Inc., indicates a low-risk profile.
Pillar: Creative, Content & Media IP · Authority: US Copyright Office · Version: 1.1.1 · Last updated:
Primary source: https://www.copyright.gov/fair-use/
SHA-256 integrity: 0de5f7291d64b2b3d808a188f746394ead9f348ea344e20ac31de82cbb5d21dc
Primary Citations — 6 traced to source
- 17 U.S.C. § 107 - Limitations on exclusive rights: Fair use (Codification of the Four-Factor Test)
- Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) (Supreme Court establishment of the 'transformative use' standard and parody protection)
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