# Copyright law and "Fair Use"

**URL:** <https://boards.straightdope.com/t/copyright-law-and-fair-use/234389>\
**Category:** Factual Questions\
**Created:** [March 15, 2004, 6:05am UTC](https://boards.straightdope.com/t/copyright-law-and-fair-use/234389 "2004-03-15T06:05:51Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![Atreyu](https://avatars.discourse-cdn.com/v4/letter/a/5e9695/32.png) [@Atreyu](https://boards.straightdope.com/u/Atreyu)\
**Post date:** [March 15, 2004, 6:05am UTC](https://boards.straightdope.com/t/copyright-law-and-fair-use/234389/1 "2004-03-15T06:05:51Z")

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I’ve seen the term “fair use” used on this board, and I’m hoping to get an exact clairification. I know that since this message board is owned by the Chicago Reader newspaper, the issue of copyright violations is taken very seriously here. Can anyone tell me what exactly does “fair use” mean under copyright law, and what it entails?

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**Author:** ![Measure\_for\_Measure](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/measure_for_measure/32/557_2.png) [@Measure\_for\_Measure](https://boards.straightdope.com/u/Measure_for_Measure)\
**Post date:** [March 15, 2004, 6:17am UTC](https://boards.straightdope.com/t/copyright-law-and-fair-use/234389/2 "2004-03-15T06:17:38Z")

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This is a nice essay:  
[http://www.templetons.com/brad/copymyths.html](http://www.templetons.com/brad/copymyths.html)

This is a website devoted to copyright and fair use:

> **[Home](https://fairuse.stanford.edu/)**
>
> Stanford University Libraries

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**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\
**Post date:** [March 15, 2004, 1:22pm UTC](https://boards.straightdope.com/t/copyright-law-and-fair-use/234389/3 "2004-03-15T13:22:20Z")

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Fair use is ultimately determined by the following guidelines:

> [@](#):
>
> § 107. Limitations on exclusive rights: Fair use  
> Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—  
> (1) the purpose and character of the use, including whether such use is of a  
> commercial nature or is for nonprofit educational purposes;  
> (2) the nature of the copyrighted work;  
> (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and  
> (4) the effect of the use upon the potential market for or value of the copyrighted work.  
> The fact that a work is unpublished shall not itself bar a finding of fair use if such  
> finding is made upon consideration of all the above factors.

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**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\
**Post date:** [March 15, 2004, 6:27pm UTC](https://boards.straightdope.com/t/copyright-law-and-fair-use/234389/4 "2004-03-15T18:27:48Z")

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Unfortunately, in the real world, the only precise meaning of “fair use” is “that part of the copyright law that causes people to tear their hair out trying to come up with a precise meaning.”