Fair use is one of the most talked-about and misunderstood concepts in copyright law. Whether you’re quoting an article, sharing a video clip, or using music in your marketing, knowing what fair use really means can help you stay out of legal trouble. This post breaks down the basics and clears up common myths.
Courts look at four main factors:
1. Purpose and character of your use.
2. Nature of the original work.
3. Amount and substantiality used.
4. Market effect.
Read the law: https://www.govinfo.gov/app/details/USCODE-2022-title17/USCODE-2022-title17-chap1-sec107
Overview: https://www.copyright.gov/fair-use/
Myths:
- No magic number of seconds or percentage guarantees fair use.
- Educational or nonprofit use helps, but it’s not automatic.
- Commercial use almost always requires a license.
Strengthen your case:
- Transform the material (commentary, criticism, parody).
- Use only what’s necessary.
- Give credit (good practice, not required).
Safer alternatives:
- Use public domain or government works.
- Get a license.
- Embed official posts instead of copying images.
Helpful resources:
- https://www.copyright.gov/fair-use/
- https://www.copyright.gov/512/
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