What is the copyright fair-use doctrine?

The copyright fair-use doctrine is a legal concept that allows people to use copyrighted material for educational, research, or news purposes without needing to seek permission from the copyright holder first. This doctrine is in place to protect people who wish to use copyrighted material for the purpose of creating something new, and to ensure that creativity continues to be encouraged. In North Dakota, like other US states, copyright fair-use doctrine is based on US Copyright Law. The doctrine states that “the fair-use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” It is important to note that the amount of material used must be “limited and transformative” and must not “substitute for the purchase of the copyrighted work.” The amount of copyrighted material that can be used under copyright fair-use doctrine will depend on the context in which it is being used, as well as the four-factor test outlined by US copyright law. These factors are: the purpose and character of the use, the nature of the copyrighted work, the amount of the copyrighted material used in relation to the entire work, and the effect of the use on the potential market of the copyrighted work. A knowledgeable lawyer can help you decide whether or not your use of copyrighted material is legal under copyright fair-use doctrine.

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What is the copyright fair-use doctrine?

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