Fair Use Week 2023
We’re pleased to share information 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.
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
- Why Machine Training AI with Protected Works is Not Fair Use by David Newhoff
- Fair Dealing, Fair Use…and Fair Play by Hugh Stephens
- The Fair Use Tango: A Dangerous Dance with [Re]Generative AI Models by Neil Turkewitz
- Someone Stole My Script! (Maybe) by David Newhoff
- Top 5 Fair Use Myths on Social Media by David Ward
- Fair Use Week: A Salute (of sorts) to Lenz v. UMG by David Newhoff
- Amici Explain Why Google’s Copying of Oracle’s APIs is Not Fair Use by Tim Rivenburg
- 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
Exploring the Bounds of Fair Use
- Case 1 | Google v. Oracle
- Case 2 | Andy Warhol Foundation v. Goldsmith
- Case 3 | KinderGuides
- Case 4 | Hosseinzadeh v. Klein
- Case 5 | Fox News v. TVEyes
- Case 6 | Public.Resource.Org
- Case 7 | Dr. Seuss