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Fair Use Week 2025

Fair Use Week 2025 will take place from February 24 through February 28, 2025, to celebrate fair use in the U.S. and fair dealing doctrines internationally. The week is intended to help educate the public on what fair use is and how it may be utilized.

Over the past couple of years, fair use has frequently come into view since generative AI companies often cite it as a justification for using copyrighted materials to train their models. However, this argument is considered incorrect in most instances. Learn why by checking out our fair use information below and be sure to watch our Copybites videos.

What Are the Four Factors of Fair Use?

The four factors are the legal considerations used by courts to determine whether a particular use of copyrighted material is considered a “fair use,” allowing limited use without infringing on the copyright holder’s rights. The four factors are as follows:

  • Factor 1: The Purpose and Character of the Use.
  • Factor 2: The Nature of the Copyrighted Work.
  • Factor 3: The Amount or Substantiality of the Portion Used.
  • Factor 4: The Effect of the Use on the Potential Market for or Value of the Work.

Check out our Copybites video series and a variety of blogs and cases to learn more about the fair use exception.

Copybites Video 1 | The Fair Use Doctrine

Fair use is a limitation on the exclusive rights in copyright for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. The overall intent of the fair use doctrine is the protection of free speech, but it also allows flexibility in the law in order to fulfill copyright’s purpose to promote the progress of creative expression.

Copybites Video 2 | Fair Use Factors One & Two

Four factors must be considered in order to determine whether a particular use of a copyrighted work qualifies as a fair use under the law. Each factor is weighed on a case-by-case basis, and will either favor or disfavor a finding of fair use.

Knowing something about the four factors can help even non-attorneys make reasonable fair use assessments.

Copybites Video 3 | Fair Use Factors Three and Four

Four factors must be weighed on a case-by-case basis to determine whether a particular use of a copyrighted work qualifies as a fair use under the law. In Video 2 of this series, we discussed the first two factors—the purpose and character of the use, and the nature of the copyrighted work.

Copybites Video 4 | Some Common Fair Use Mistakes

It is possible to make a fair use assessment without an attorney. But there are a few common mistakes to avoid. And the first is to be wary of any rhetoric that makes fair use sound like a universal right rather than what it is — a specific and conditional limitation on copyright.

Copybites Video 5 | Applying Fair Use Today

With the growth of social media platforms, it’s fairly common to inadvertently infringe someone’s copyright under the mistaken belief that certain uses are fair uses. Unfortunately, this perception is aggravated by a lot of misleading public debate about fair use, which can actually get some well-meaning creators into legal trouble.

Fair Use Blogs

Exploring the Bounds of Fair Use