What is the Fair Use Doctrine?

The Fair Use Doctrine is an exception to copyright law that permits the limited use of copyrighted material without the copyright owner’s permission. This doctrine is applied to the original works of authors, artists, and publishers in South Carolina and throughout the United States. Under the Fair Use Doctrine, copyrighted material can be used for a variety of purposes, such as criticism, commentary, news reporting, teaching, and research. Each of these uses is subject to a four-factor test in order to determine if the use is considered fair. The four factors are: (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and (4) the effect of the use upon the potential market for or value of the work. For example, if a student is writing a paper for school, they can quote some of a copyrighted work without obtaining permission from the copyright owner. This is because the student’s use of the copyrighted work is considered fair use as it is likely transformative, not for commercial use, and the amount of the work quoted is small in relation to the whole work. Ultimately, the Fair Use Doctrine allows for the use of copyrighted material in limited circumstances when it is necessary for the advancement of educational, critical, and creative purposes. South Carolina courts have consistently recognized the importance of the Fair Use Doctrine in protecting First Amendment rights and allowing for the free flow of information.

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What is the Fair Use Doctrine?

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