Fair use is an affirmative defense to allegations of copyright infringement.
The statutory fair use defense is codified in 17 U.S.C. § 107, which preserves the “fair use of a copyrighted work…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.” Reproducing and distributing portions of a work which, in some cases, could constitute infringement, may also be a fair use.
The four statutory fair use factors for consideration include: 1) the purpose and character of the use; 2) the nature of the copyrighted work; 3) amount and substantiality of the portion used; and 4) the effect on the market.
- 17 U.S.C. § 107.↵