Copyrighted works can be used by entities other than the creator in limited forms. U.S. copyright laws grant \u201cfair use\u201d of a copyrighted work for specific situations, including criticism, comment, news reporting, teaching, scholarship, or research. As long as the user passes the four-part \u201cbalancing test,\u201d the use of the work is not considered copyright infringement.<\/p>\n
Courts apply the following criteria to determine if fair use applies:<\/p>\n
In general, courts favor educational and non-profit use of works when it comes to fair use. There is much more scrutiny if there is a commercial or profitable use in play. Fair use may apply if the original work has been sufficiently transformed into something new and unique.<\/p>\n
Mention or use of a work or part of work in a private correspondence may qualify stronger under fair use as opposed to public use of a creator\u2019s work. How the material is used, and also the type of material used, will influence the court’s interpretation. In general, courts tend to be more protective of works of art and fiction, as opposed to non-fiction works that may be for academic purposes.<\/p>\n
The Columbia University legal library states that the greater the portion of a body of work that is used, the less likely the use will be protected by the concept of fair use. In addition to the volume used, the impact of the part used matters too. Users of copyrighted works must beware of using the \u201cheart of the work.\u201d<\/p>\n