fair use doctrine


fair use doctrine
A privilege in others than the owner of a copyright to use the copyrighted material in a reasonable manner without the owner's consent, notwithstanding the monopoly granted to the owner. To determine whether fair use has been made of copyrighted material, the nature and objects of the selections made, the quantity and value of material used and extent to which the use may diminish the value of the original work must be considered. Rosemont Enterprises, Inc. v. Random House, Inc., D.C.N.Y., 256 F.Supp. 55, 65, 66.
Fair use involves a balancing process by which a complex of variables determine whether other interests should override the rights of creators. The Copyright Act explicitly identifies four interests:
(1) the purpose and character of the use, including its commercial nature;
(2) the nature of the copyrighted work;
(3) the proportion that was "taken"; and
(4) the economic impact of the "taking." 17 U.S.C.A. No. 107

Black's law dictionary. . 1990.