What is fair use?

Fair use is a legal doctrine in United States copyright law that allows the use of copyrighted material for certain purposes without permission from the copyright owner. It is based on the principle that the public should have access to certain types of creative works in order to further public knowledge and the progress of science and the arts. In Arizona, fair use applies to private and educational purposes. Generally, material can be used for research, scholarship, or private study without having to first obtain permission from the copyright holder. As long as the use is considered to be “fair”, it is not considered to be a violation of copyright. In determining whether a use is fair, four factors are considered: (1) the purpose and character of the use; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion taken; and (4) the effect of the use on the potential market. If the use does not fall within one of these categories, then it is not considered to be fair use. For example, creating a work of art that is based on an existing copyrighted work would not be considered to be a fair use, as it may compete with the existing work for the same market. If you are not sure whether your use of copyrighted material may be considered “fair”, it is important to seek legal advice.

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