Does Your Use of the Work Constitute Fair Use?
The more questions you answer "Yes" to from the list below, the more likely your use is fair use.
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Questions |
Examples (of fair use) |
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Are you creating something new? |
Including excerpts in a commentary piece about the book vs. copying a book word-for-word |
|
Is the copyrighted work factual? |
Biography vs. work of fiction |
|
Is the portion of the work used small in amount and significance in relation to the entire work? |
Two sentences from a novel vs. a chapter of the book that goes to the heart of the story |
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Does your use have little or no market impact on the copyrighted work? |
Excerpting from a travel book on Rome for a book review vs. copying an entire section for a new travel book on Rome |
"Fair Use or Public Domain?" FindLaw. 2012. Web. 13 Nov. 2012.
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Publication Date |
Public Domain? |
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Works published in the U.S. before 1923 |
Yes |
|
Works published in the U.S. in 1923 through 1963 |
Yes, if the copyright was not renewed during the 28th year after the work was first published. |
|
Works published in the U.S. in 1964 through 1977 |
No. Automatic copyright renewal protects the work for 95 years. |
|
Works published in 1978 or later |
No. Work is protected by copyright for the life of the author plus 70 years. (a longer copyright term may apply) |
|
Works published by the U.S. Federal Government |
Yes, regardless of publication date. |