Fair Use Week

Fair Use Week 2021

February 22–26, 2021 marks the Eighth Annual Fair Use Week, and the Copyright Alliance is sharing info on how the fair use exception and exclusive rights under copyright work together to promote the progress of creative expression.

Check out our video series and blogs to learn more about the fair use exception. And be sure to check out the #FairUse hashtag on social media for more info and resources!

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 and 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 Factor 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

Google’s Fair Use Defense Fails Under Factor 4 Scrutiny by Tim Rivenburg

Exporting the US “Fair Use” Doctrine to South Africa: The Battle Lines are Drawn by Hugh Stephens

Factors 2 and 3 Weigh Against Google’s Fair Use Defense by Tim Rivenburg

Amici Explain Why Google’s Copying of Oracle’s APIs is Not Fair Use by Tim Rivenburg

A Welcome Return to Sensible Fair Use Determinations by Ross Broudy

Copyright Enforcement in the Arts Gets Aid From New CASE Act by Ryan W. Morris

Fair Use Week Again. But Why? by David Newhoff

The Pendulum of Transformativeness and The Zen of Copyright Repair: Judge Pierre Leval and Jon Baumgarten Discuss Fair Use by Neil Turkewitz

Copyright Review in Canada: Will Fair Dealing Be Widened Further, Tightened or Left As Is? by Hugh Stephens

Happy Idea/Expression Dichotomy Week! by David Newhoff

Why this Copyright Blogger likes Fair Use and Fair Dealing by Hugh Stephens

Toward Another Fair Use Standard by Terry Hart

All’s Not Fair in Love and War by Neil Turkewitz

The Truth About Fair Use by Terrica Carrington

Fair Use, Not Free Use by Johannes Munter

Fair Use & The Case Act by David Newhoff

Fairness to Whom? Reimagining a New Paradigm for Considering Fair Use by Neil Turkewitz

Exploring the Bounds of Fair Use

Case 1 | KinderGuides

Case 2 | Hosseinzadeh v. Klein

Case 3 | Fox News v. TVEyes

Case 4 | Public.Resource.Org

Case 5 | Dr. Seuss