What is the Fair Use Doctrine?

The Fair Use Doctrine is a United States law that allows the public to use copyrighted material for certain uses without having to get permission from the copyright holder. This doctrine is established in Section 107 of the United States Copyright Act, and it lays out the criteria for how and when it can be used. In the state of Washington, fair use is defined as “a use of copyrighted material that does not infringe upon the copyright owner’s exclusive rights, including reproduction, distribution, or making a work publicly available.” This means that while the material is protected, certain uses are allowed without permission from the copyright owner. The doctrine of fair use considers four factors in determining whether a use is considered fair. These factors are 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 commercial viability of the copyrighted work. When the fair use exemption applies, no permission is needed to use the material, but it is important to note that this only applies in certain circumstances and users should always be aware of the limits. Users should also be aware that fair use is a presumptive right, and so it can be challenged and must always be evaluated on a case-by-case basis.

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What is the Fair Use Doctrine?

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