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fair use

FARE YOOS /ˌfɛər ˈjuːs/

noun phraseC1TOEFLIELTS

formallegal

(in US copyright law) The doctrine that brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.

A legal defense against copyright infringement, allowing limited use of copyrighted material without permission. It's determined by a four-factor test, making it a nuanced and often debated concept.

The story behind the word. The term `fair use` emerged in American copyright law in the 19th century, though the concept existed earlier in common law. It combines 'fair' (meaning just, equitable) and 'use,' reflecting the idea that certain uses of copyrighted material are considered equitable and reasonable, and therefore not infringing, under specific conditions. It's about finding a 'fair' balance between creator rights and public access.

Word relationships

fair dealing (UK/Canada): The equivalent legal concept in some other common law countries, with slightly different criteria.
permitted use: A broader term, 'fair use' is a specific type of permitted use under copyright law.

copyright infringement: Violation of copyright, which fair use aims to defend against.
unauthorized use: Use without permission, which fair use can sometimes legitimize.

Collocations

fair use doctrine
fair use analysis
fair use guidelines

Example sentences

"A teacher might use a short clip from a documentary in class under the principle of fair use for educational purposes." Educational use of copyrighted material.
"Critics often quote lines from books or movies in their reviews, which is generally protected by fair use." Legal commentary on artistic works.

Memory hook

It's `fair` to `use` parts of a work for specific, limited purposes like education or criticism. Just use.

When not to use

To justify extensive copying or commercial use that harms the market for the original work. It's not a blanket permission to use copyrighted material.

Fun facts

The four factors of fair use are: purpose and character of the use, nature of the copyrighted work, amount and substantiality of the portion used, and effect of the use upon the potential market for or value of the copyrighted work.