What is fair use?

Fair use is an exception to copyright law in the United States and in Virginia. It allows limited use of copyrighted material without seeking permission from the copyright holder. Fair use can be used for educational purposes, such as displaying a copyrighted image for a classroom discussion or quoting a short passage from a book for teaching. It can be used in journalism, such as quoting a few lines from a song for a news article. Fair use also includes parody, satire, and scholarly works. Fair use is determined by a four-factor test. The factors are: the purpose of the use, the nature of the copyrighted work, the amount used in relation to the entire work, and the effect of the use upon the potential market for the copyrighted work. Each factor must be considered and weighed to determine if the use is fair or not. When deciding if something is fair use, ask yourself if the use is transformative or derivative, is it for a commercial purpose, is it a significant portion of the copyright holder’s work, and will it affect the copyright holder’s ability to make a profit from their work? If the answer is no, the use is likely fair use. However, fair use is a complicated area of law, so it is always best to consult a lawyer if there is any doubt.

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