What is fair use?

Fair use is a legal concept in United States copyright law, which allows for limited use of copyrighted material without permission from the copyright owner for certain limited purposes. This means certain works may be used for educational, personal, or other non-commercial use. In Washington, fair use is determined by a four-factor balancing test. These factors include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market of the copyrighted work. All these factors are taken into consideration to determine the legality of the use of copyrighted material. In addition, fair use also includes the use of copyrighted material for the purposes of criticism, comment, news reporting, teaching, scholarship, or research. The use of copyrighted material must be “transformative,” meaning it must contribute something new to the original work. If the use of the copyrighted material meets the criteria of the four-factor balancing test, it is likely to be legal under the fair use exception. If the copyright owner objects to the use, the law provides for a solution in the form of a copyright infringement lawsuit against the offending user.

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