The 'Fair Use' Rule: When Use of Copyrighted Material Is Acceptable

Fair use is a defense to a claim of copyright infringement based on the idea that the public is entitled to freely use portions of copyrighted materials for certain purposes, like commentary and criticism. It is particularly heavily used by writers, academics, and journalists. How is fair use applied?

Fair Use: It's a Defense to Copyright Infringement

Although copyright law prevents the unauthorized copying of protected works, the doctrine of "fair use" provides a defense to potential infringers. Under certain circumstances, fair use permits the usage of otherwise protected materials.

Fair Use: What Is Transformative?

In determining fair use, what makes the use of a copyrighted work "transformative"?

Fair Use: The Four Factors Courts Consider in a Copyright Infringement Case

How is fair use determined? A determination of fair use generally occurs during an infringement lawsuit, and the court would typically weigh four factors.

Using Works in the Public Domain: No Need to Get Permission

You can use a work without the author's permission if it's in the public domain.

When You Need Permission to Sample Others' Music

Failure to get permission when you sample music could lead toserious consequences.

Using Videotape in the Classroom Without Violating Copyright Law

Usually teachers may tape TV programs and show them to students without violating copyright law if they follow a set of guidelines called the "Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes."

How to Obtain Sample Clearance for Use in One's Music

Here's how to obtain permission to use samples in your music.

Determining the Length of Copyright Protection

How long does copyright last? That depends on when the work was created and who created it. Here are some guidelines.

Can I Sell Copies of Old TV Shows?

Several years ago, a TV show that I loved aired in syndication. I taped all the episodes on VHS, and now people are asking me to send them copies. Can I legally charge these individuals $5 per episode and make some profit?

Is It a Violation of Copyright to Make Art by Painting or Collaging Over a Book's Text?

I am an artist who uses books as my medium. I buy a published book and I add collage, paint, and drawings, and otherwise alter the pages. I don't usually cover all of the text. Does this violate copyright laws, or is it the equivalent of accidentally dropping the book in a mud puddle?

Can I Use Facts From Articles and Newspapers in My Novel?

I'm writing a book that deals with a long-running news story. I'm getting my facts from newspapers and magazines and turning the story into a novel, based on real events. Do I have to get the sources' permissions to use the facts? How do I give proper credit in the book to these sources?

What Laws Affect the Use of Music Written by Non-U.S. Songwriters?

My father is producing a music album with a group of his friends. The songs they intend to perform and include are well-known in South America. Can they sell that music here in the United States? What are the laws governing this use?

Can I Reproduce Images of Angels for Use on Cards?

I am interested in scanning images of angels from recent books on religious art -- all printed within the last 20 years -- and putting them on greeting cards for resale. The artwork I want to scan was painted or drawn more than 200 years ago. Do I have to get the permission of the publishers of the books before proceeding?

Can I Post Video of My Favorite Celebrity Online?

I am about to launch a fan site for my favorite actress. I'd like to include a couple of short video clips showing her performing go-go at a nightclub, plus some photos. Will I run into any copyright problems? Does it make a difference whether the site is for paying members only?

Can I Legally Use Photos of Cars for a Calendar?

Over the years, I have taken quite a few pictures of automobiles. I would like to use the photos to create several calendars and market these calendars. Am I violating any law by using these pictures in the calendar? Do I need to get any type of permission from the owners of the cars?

Is It a Violation of Copyright Law to Sell Handmade Items Showing Winnie the Pooh?

I own a craft consignment shop. A crafter has been bringing me painted pictures and knit sweaters of Winnie the Pooh. Is it legal for me to accept these for resale?

Do I Need Permission to Create Paintings Based on TV or Advertising Imagery?

I am an artist who paints from photos. I would like to use clips from video of films and TV shows. I wouldn't copy the exact image, but if you were to put the two images together, you would see a strong similarity. Do I need permission?

If I Buy the Sheet Music, Do I Have the Right to Perform It?

I'm a recent college grad, interested in making some money off all those years of violin lessons. When I purchase sheet music, am I also buying the right to perform the music for free or for hire?

What Are the Guidelines for Using a Portion of a Song Without Permission?

I am creating amateur animation for my website. I would like to use a portion of an instrumental song that I found online as background to the animation. Do I need permission from the copyright owners?