When Copying Is Okay: The "Fair Use" Rule
In some situations, you may make limited use of another's work without asking permission.
Sooner or later, almost all writers quote or closely paraphrase what others have written. For example:
- Andy, putting together a newsletter on his home computer, reprints an editorial he likes from a daily newspaper.
- Phil, a biographer and historian, quotes from several unpublished letters and diaries written by his subject.
- Regina, a freelance writer, closely paraphrases two paragraphs from the Encyclopedia Britannica in an article she's writing.
- Sylvia, a poet, quotes a line from a poem by T.S. Eliot in one of her own poems.
- Donnie, a comedian, writes a parody of the famous song "Blue Moon" he performs in his comedy act.
Assuming the material quoted in these examples is protected by copyright, do Phil, Regina, Sylvia, Andy, and Donnie need permission from the author or other copyright owner to use it? It may surprise you to learn that the answer is "not necessarily."
Under the "fair use" rule of copyright law, an author may make limited use of another author's work without asking permission. Fair use is based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. The fair use privilege is perhaps the most significant limitation on a copyright owner's exclusive rights. If you write or publish, you need a basic understanding of what is and is not fair use.
Uses That Are Generally Fair Uses
Subject to some general limitations discussed later in this article, the following types of uses are usually deemed fair uses:
- Criticism and comment -- for example, quoting or excerpting a work in a review or criticism for purposes of illustration or comment.
- News reporting -- for example, summarizing an address or article, with brief quotations, in a news report.
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