What Is Copyright Fair Use?

Fair use has been making headlines lately, as the Supreme Court hears Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case considering whether Andy Warhol infringed, or made fair use of, a photographic reference when he created one of his iconic silk-screen portraits. If you've ever wondered how some search engines can display thumbnails of copyrighted images and excerpts of recently published books and articles, the answer usually lies in the fair use doctrine. Fair use allows anyone, under certain circumstances, to use copyrighted materials without obtaining permission from the copyright holder.

WHAT IS FAIR USE?

The fair use doctrine, codified in Section 107 of the Copyright Act, allows individuals to use someone else's copyrighted work for specific purposes including criticism, comment, news reporting, teaching, scholarship, or research. In other words, fair use is a defense to copyright infringement, and the burden is on the secondary user