Fair Use in Copyright Law

Introduction

Fair use is an important part of copyright law.
It sets guidelines for when it's permissible to use copyrighted material without permission.
Uses must fit certain exceptions to qualify as fair use.

It's okay to distribute textbook chapters for class use.
Using photos on a class blog is permissible.
In the JK Rowling case, the defense argued their work was fair use by critiquing her work.

Purpose and Character of the Use
- Derivative Work: Controlled by copyright holder.
- Transformative Work: Not controlled by copyright holder.
- Educational, journalistic, non-commercial use generally supports fair use.
- Parody is a strong form of transformative use.
Nature of the Copyrighted Work
- The more creative the work, the stronger the protection.
- Example: Harry Potter books have strong copyright protection.
Amount and Substantiality
- Limited copying (e.g., character names) may still infringe if it's the 'heart of the work'.
- Small music samples in hip-hop can be deemed fair use.
Effect on the Market
- Affects whether the new use hurts the sales or market of the original.
- Both plaintiff and defendant can present arguments on impact.

Context: Nation magazine published a large excerpt from Ford's memoir before Harper & Row released it.
Supreme Court Ruling: Purpose was not journalism but intentional scoop, affected contract and market.
Outcome: First case applying the four fair use factors.

Context: 2 Live Crew parodied Roy Orbison's song "Pretty Woman" with vulgar lyrics.
Lower Court: Ruled profit negated fair use.
Supreme Court Ruling: Profit doesn't preclude fair use.
Outcome: Parody and satire given high First Amendment protection; affirmed transformative use as fair use even if commercial.