FAIR USE

By SovConn | June 3, 2015

fair use.Copyright. A reasonable and limited use of a copyrighted work without the author’s

permission, such as quoting from a book in a book review or using parts of it in a parody. • Fair

use is a defense to an infringement claim, depending on the following statutory factors: (1) the

purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount of the

work used, and (4) the economic impact of the use. 17 USCA § 107. — Also termed private-use

exception; (in Canadian law) fair dealing. [Cases: Copyrights and Intellectual Property 53.2.

C.J.S. Copyrights and Intellectual Property §§ 45–46, 48–50.]

“[Fair use is] the most troublesome [problem] in the whole law of copyright.” Dellar v.

Samuel Goldwyn, Inc., 104 F.2d 661, 662 (2d Cir. 1939)(per curiam).

“Fair use is a judicial safety valve, empowering courts to excuse certain quotations or copies

of copyrighted material even though the literal terms of the Copyright Act prohibit them.” Paul