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Fair Use and Fair Dealing
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Fair Use -- United States

Fair Dealing - Commonwealth of Nations

The "fair use" provision of U.S. copyright law contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. The four factors to be considered in determining whether or not a particular use is fair:

The purpose and character of the use.
The nature of the copyrighted work.
The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
The effect of the use upon the potential market for or value of the copyrighted work.

U.S. Copyright Office statement of fair use.

Fair dealing is a doctrine of limitations and exceptions to copyright which is found in many of the common law jurisdictions of the Commonwealth of Nations, including Canada, Australia, New Zealand, Singapore, United Kingdom, and South Africa. The possible defenses in Canada include:

The purpose of the dealing.
The character of the dealing.
The amount of the dealing.
Alternatives to the dealing.
The nature of the work.
Effect of the dealing on the work.

Canadian Intellectual Property Office statement on fair dealing.

The safest course is always to get permission from the copyright owner before using copyrighted material.

The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation.

The more you know about copyright, the more you realize it is the foundation upon which most content is created. Copyrighted content employs us, enlightens us, and entertains us. Without copyright and the benefits it affords content creators, we would be unemployed, uneducated, and bored silly.
- Michael O'Donnell, Founder & CEO, iCopyright

About iCopyright
iCopyright is an automated copyright licensing service used by creators and publishers to grant rights and permissions to those who want to reuse their online content. The service provides both free personal uses and commercial reuse licenses. Most uses are granted and delivered instantly.

iCopyright also offers Clip&Copy, a news and information monitoring service for users, and Discovery, a web monitoring service that helps publishers uncover and remedy unauthorized reuses of their copyrighted content.

Frequently Asked Questions about iCopyright and the Licensing Services we provide.

This page is merely informational and does not constitute legal advice. Application of Copyright law to your facts can be complicated and you should consult an attorney regarding your specific questions. iCopyright disclaims any and all liability for your use of this information.