It occurs when someone violates the exclusive rights granted to the copyright holder, such as copying or sharing protected content without obtaining proper permission or a license.
With the rise of digital technology and the ease of copying and distributing digital content, copyright infringement has become more prevalent. Common examples include downloading or sharing music, movies, or software without permission, posting copyrighted images or videos online without authorization, or plagiarizing written content.
Fair use is a legal doctrine that allows for the limited use of copyrighted material without the permission of the copyright owner. It recognizes that certain uses of copyrighted works may be considered fair and permissible under certain circumstances, even without obtaining permission. Fair use is primarily applicable in jurisdictions like the United States.
Fair use is determined by considering four factors:
1. Purpose and character of the use:
This factor examines whether the use is transformative or non-transformative. Transformative uses, which add new meaning, expression, or value to the original work, are more likely to be considered fair use. Non-commercial, educational, or critical uses are also generally favored.
2. Nature of the copyrighted work:
This factor looks at the nature of the original work being used. Factual, informational, or published works are more likely to be considered fair use than highly creative or unpublished works.
3. Amount and substantiality of the portion used:
This factor assesses the quantity and importance of the copyrighted material used. Using small portions or excerpts of a work is more likely to be considered fair use than using the entire work.
4. Effect upon the potential market:
This factor examines whether the use negatively impacts the market for the original work. If the use competes with or substitutes the original work, it is less likely to be considered fair use.
It’s important to note that fair use is a nuanced and context-dependent concept. It requires a case-by-case analysis, and the determination of fair use can vary depending on the specific facts and jurisdiction involved.
Transformative works, often associated with fair use, refer to creative works that build upon, comment on, or transform original copyrighted material to create something new and original. A transformative work takes the copyrighted material and adds new insights, commentary, or creative elements that result in a different purpose, meaning, or message from the original work. Transformative works can include parodies, satires, critiques, or remixes that provide social, cultural, or artistic commentary.
While transformative works may often be considered fair use, it’s important to note that not all transformative works automatically qualify for this exception. Fair use determinations still rely on the four factors mentioned earlier and the specific circumstances of each case.