Fair use is a legal doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders. It enables transformative, educational, or critical uses that contribute to culture, scholarship, and public discourse - en.wikipedia.org 
# Definition Fair use provides a flexible framework rather than a fixed list of permitted acts. Courts typically evaluate fair use using four factors: 1. The purpose and character of the use (commercial vs. nonprofit, transformative or not) 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used 4. The effect of the use on the potential market for the original
The concept evolved through U.S. case law and was codified in **Section 107 of the Copyright Act of 1976**.
# Advocacy and Education
Many organizations, projects, and university programs work to promote understanding and responsible application of fair use:
- **Center for Media & Social Impact (CMSI)** at American University — produces best-practice codes for fair use in documentary filmmaking, online video, and education - cmsimpact.org
- **Electronic Frontier Foundation (EFF)** — defends fair use as a digital rights principle and fights against restrictive copyright enforcement - eff.org
- **Creative Commons** — provides open licenses that complement fair use and reduce friction in reuse and sharing - creativecommons.org
- **Critical Commons** — a USC-based media archive promoting transformative reuse for scholarship and teaching
- **Stanford Fair Use Project** — part of the Center for Internet and Society, offering legal research and advocacy for creators and educators - cyberlaw.stanford.edu
# Academic Contexts
Fair use supports educational and scholarly uses such as:
- Quotation of text and images for commentary and analysis
- Use of short clips in classroom teaching or online lectures
- Reproduction of artworks or media in research, criticism, and parody
University libraries, archives, and digital humanities centers often provide guidance for fair use in research and course materials.
# Comparison with Fair Dealing (UK and Commonwealth)
While **fair use** is a broad and flexible principle in U.S. law, **fair dealing** (used in the UK, Canada, Australia, and other Commonwealth countries) is narrower and more prescriptive.
| Aspect | Fair Use (US) | Fair Dealing (UK/Canada) |
|--------|----------------|--------------------------|
| Legal Source | U.S. Copyright Act §107 | UK Copyright, Designs and Patents Act 1988 |
| Structure | Open-ended, case-by-case | Closed list of specific permitted purposes |
| Key Criterion | Transformative use and market impact | Use must fall within allowed purposes (e.g. criticism, review, news reporting, research, parody) |
| Flexibility | High — adaptable to new media | Moderate — depends on legislative updates |
Fair dealing allows certain uses similar to fair use but lacks the broader transformative test that U.S. courts apply.
- en.wikipedia.org
- gov.uk
# Global Perspectives
Some jurisdictions, such as Israel, South Korea, and Singapore, have adopted **fair use–style provisions** inspired by U.S. law to encourage innovation and digital creativity. The European Union’s copyright directive still leans toward fair dealing, though digital education exceptions have expanded.
# Cultural and Legal Significance
Fair use is a cornerstone of the **information commons**, balancing creators’ rights with freedom of expression and innovation. It underpins remix culture, scholarly critique, and the open internet. Legal scholars often describe it as the “safety valve” of copyright law, ensuring that intellectual property serves public good as well as private interests.
# References
- en.wikipedia.org
- cmsimpact.org
- cyberlaw.stanford.edu
- wiki.p2pfoundation.net
- eff.org