What is fair use in reference to artwork?

Fair use in reference to artwork is the legal right to use, reproduce, display, or modify artwork without the artist’s permission. It is a legal exception to copyright laws that allows for the use of works in certain circumstances without the artist’s permission. In Nebraska, fair use is defined in the Uniform Trade Secrets Act and is limited to the following uses: criticism, comment, news reporting, teaching, scholarship, and research. The four factors courts will consider when assessing fair use are: (1) the purpose and character of the use—whether it is educational or commercial, (2) the nature of the copyright work used, (3) the amount and substantiality of the portion of the work used, and (4) the effect of the use upon the potential market for or value of the copyright work. If the use of the artwork or its modification falls under these four factors, it may be considered a fair use. It is important to note that fair use is a limited legal right. It does not override the copyright owner’s right to the artwork or its reproduction. It is recommended that permission from the creator be obtained if possible. Failing to do so can lead to copyright infringement, which can result in legal action and fines.

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