Intellectual property lawLesson 1 of 1 in the course Copyright Basics

Fair Use and Limited Library and Classroom Copying

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

Save course
Lesson progress
0 / 5

Your progress is kept in this browser only.Sign up to save it

Summary

Fair use allows certain uses of copyrighted material without permission, supporting activities such as criticism, teaching, research, and commentary. Yet it is not a simple word-count rule or automatic exemption: courts weigh the circumstances of each use.

Section 107 of the U.S. Copyright Act identifies purposes that may qualify for fair use, including criticism, comment, news reporting, teaching, scholarship, and research. These purposes are important examples, not a guarantee that every use for one of them is fair.

All flashcards

What is fair use?
A legal defense that may permit certain uses of copyrighted works without permission when the circumstances support it under the statutory factors.
What are the four fair use factors?
Purpose and character; nature of the work; amount and substantiality used; and effect on the potential market.
What makes a use transformative?
It adds a different purpose, meaning, message, or aesthetic rather than merely repeating the original for the same purpose.
How can parody support a fair use claim?
It may use recognizable elements of an earlier work to comment on or criticize that work; the amount and manner of borrowing still matter.
What limits apply to retained library or archive copies under the described provision?
Qualifying libraries or archives may keep up to three copies for specified purposes, with a copyright notice on each copy.

Quiz questions

  1. How do courts generally assess whether a use is fair?Answer: They weigh the statutory factors together in light of the particular circumstances.
  2. What does the amount-and-substantiality factor consider?Answer: Both the quantity copied and whether the portion is central to the original.
  3. What does the market-effect factor examine?Answer: Whether the use harms the original's market or likely licensing opportunities.
  4. Under the described classroom photocopying guidelines, who may receive the copies?Answer: Students enrolled in the class.
  5. Which purpose is specifically named in Section 107 as potentially qualifying for fair use?Answer: News reporting.

Based on Introduction to Intellectual Property by David Kline, David Kappos (OpenStax), licensed CC BY 4.0. Adapted into a summary, flashcards and quizzes.

More in Intellectual property law

All Intellectual property law lessons
Intellectual property lawFour U.S. Trademark Categories: Goods, Services, Certification, and Collective Marks5 flashcards · 5 quiz questions · 4 gamesPlay free →Intellectual property lawTrademark Distinctiveness: The Five Categories and Acquired Meaning5 flashcards · 5 quiz questions · 4 gamesPlay free →