What is 'Fair Use'?
MP3 FYI: Question 22

By Jay Lickfett, Muska & Lipman Publishing (more articles from this author) 2001-04-16

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Copyright law makes several limited provisions for copying without first obtaining permission from the copyright holder. These include situations where material is copied for the purposes of review or criticism, educational use, or news reporting. All these factors, specified in Section 107 of copyright law, are to be used in determining whether a particular situation qualifies as a fair use:

* The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

* The nature of the copyrighted work

* The amount and substantiality of the portion used in relation to the copyrighted work as a whole

* The effect of the use upon the potential market for or value of the copyrighted work

For example, an excerpt of a song used in a review to illustrate a point would probably be considered fair use. The courts have also maintained that making additional copies of music already owned by an individual for personal use falls within the doctrine of fair use. However, dubbing portions of previous recordings into a new recording (sampling) would not typically fall under the heading of fair use and would require clearance from the owner of the original recording, as well as licensing of the underlying musical composition.

Fair use is rarely clear-cut, because the factors used to determine whether a particular use qualifies often conflict with one another. If you find yourself in a situation involving questionable interpretation of the fair use doctrine, you should consult a copyright attorney.

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