What is Fair Use? The Copyright Concept Explained Simply

If you have ever downloaded something from the internet, used a quote, or shared a funny meme, you have probably already come into contact with the concept of fair use. But what does this term actually mean and what impact does it have on copyright? In this article, you will learn everything you need to know about fair use of content from the web. In other words, what are you allowed to do under the principle of fair use and what should you better avoid? All this and more, you will find out in this article.

Important note in advance: This article is intended as a thematic overview and cannot replace professional legal advice. If you want to use copyrighted material and are unsure if this falls under fair use, we strongly recommend you to seek advice from lawyers.

What is Fair Use?

Fair Use is a legal term in US copyright law that allows copyrighted material to be used under certain circumstances without the consent of the authors. The goal of fair use is to create a balanced balance between the interests of the authors and the interests of the public. It is therefore intended to enable protected material to be used to a limited extent for certain purposes without it constituting a violation of copyright.

What does Fair Use apply to?

Fair Use applies to the use of copyrighted material in the legal area of the USA and covers a variety of purposes. These include, among others:

• Criticism and Comment

• Reporting

• Education and Research

• Parodies

• Transformative Works

The 4 Factors for Fair Use

Whether the way you use media falls under the field of fair use largely depends on the so-called four factors. These are made up of:

• Purpose and Character of Use

• Nature of the Copyrighted Work

• Extent and significance of the taken Material

• Impact on the potential market or value of the original work.

In this section, we will look at the four factors in detail and explain how they must be taken into account when evaluating a possible violation of copyright:

Purpose and Character of Use

The purpose and character of use refers to the reason why the copyrighted material is used and what kind of work results from it. It is about whether the use of the material leads to a new work that is significantly different from the original. Furthermore, it is important to evaluate whether the use serves primarily a commercial purpose. In such a case, it is unlikely to be classified as fair use.

Nature of the copyrighted work

This factor refers to the nature of the copyrighted work that is used. Some types of works, such as scientific papers or news reports, can be considered for fair use, as they often base on information and facts. Others, especially fictional types of works, such as novels or movies, can less likely be considered for fair use, as they often contain more creative elements.

The extent and significance of the taken material

This factor refers to the quantity and significance of the material that is used. The quantity and quality of the taken material are important factors when evaluating fair use. A small amount of the material that does not concern the core or heart of the work is more likely to be considered fair use than a large amount of the material that affects the core or heart of the work.

Impact on the potential market or value of the original work

This factor refers to the impact that the use of the copyrighted material has on the potential market or value of the original work. If the use of the material makes it less likely that the original work will be sold or used, this speaks against fair use. This can be particularly the case when it comes to commercial use of the material.

For example: If a book summary is published on a website, it could influence the potential market of the book. If the summary very detailed, readers might use the summary as a replacement for the book and therefore, don't buy the book. In this case, this speaks against fair use.

However, it is important to note that this factor should not be used to judge fair use alone. If the use of the material is for purposes such as education, criticism or comment, it can argue for fair use, even if it affects the potential market of the original work.

Fair Use: The Situation in Germany

The concept of fair use is anchored in the USA and does not automatically apply in other countries. Many countries have tried to integrate the concept into their own copyright laws to accommodate the needs of educational institutions, libraries, archives, and researchers. Nevertheless, it is important to note that the principle of fair use in other countries is not necessarily as extensive as in the USA and that it can vary from country to country.

Copyright laws can vary significantly from country to country, which means that the concept of fair use in one country is not necessarily applicable in another country. In some countries, there are also special exceptions and restrictions for certain purposes, such as for educational purposes or for the creation of parodies.

Basically: Before using copyrighted material on your own channels, you should consult copyright experts to ensure lawful use.

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• AdmiralCloud

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Conclusion: Eyes open with copyright!

Actually, it's quite simple: Whenever you use content that you didn't create yourself, you should be careful whether you are allowed to use it for your purposes. As the concept of fair use applies in the U.S., it's even more important to think ahead about how you will use media like pictures, audio, video, and quotes in the DACH region. When in doubt, it never hurts to contact the creators or suitably savvy lawyers.