Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.

The term fair use originated in the United States. A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.

[edit] Fair use under United States law

The legal concept of "test copyright" was first ratified by the United Kingdom of Great Britain's Statute of Anne of 1709. As room was not made for the authorized reproduction of copyrighted content within this newly formulated statutory right, the courts created a doctrine of "Fairness Abridgement" in Gyles v Wilcox, which eventually evolved into the modern concept of "fair use", that recognized the utility of such actions. The doctrine only existed in the US as common law until it was incorporated into the Copyright Act of 1976, 17 U.S.C. § 107.

17 U.S.C. § 107

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.^[1]

The four factors of analysis for fair use set forth above derive from the opinion of Joseph Story in Folsom v Marsh, 9 F.Cas. 342 (1841), in which the defendant had copied 353 pages from the plaintiff's 12-volume biography of George Washington in order to produce a separate two-volume work of his own.^[2] The court rejected the defendant's fair use defense with the following explanation:

[A] reviewer may fairly cite largely from the original work, if his design be really and truly to use the passages for the purposes of fair and reasonable criticism. On the other hand, it is as clear, that if he thus cites the most important parts of the work, with a view, not to criticize, but to supersede the use of the original work, and substitute the review for it, such a use will be deemed in law a piracy...

In short, we must often... look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work.

Once these factors were codified as guidelines in 17 U.S.C. § 107, they were not rendered exclusive. The section was intended by Congress to restate, but not replace, the prior judge-made law. Courts are still entitled to consider other factors as well.

Fair use tempers copyright's exclusive rights to serve the purpose of copyright law, which the US Constitution defines as the promotion of "the Progress of Science and useful Arts" (Art. I, § 8, cl. 8). This principle applies particularly well to the case of criticism and also sheds light on various other limitations on copyright's exclusive rights, particularly the scenes à faire doctrine.

Purpose and character[link]

The first factor is regarding whether the use in question helps fulfill the intention of copyright law to stimulate creativity for the enrichment of the general public, or whether it aims to only "supersede the objects" of the original for reasons of personal profit. To justify the use as fair, one must demonstrate how it either advances knowledge or the progress of the arts through the addition of something new. A key consideration is the extent to which the use is interpreted as transformative, as opposed to merely derivative.

When Tom Forsythe appropriated Barbie dolls for his photography project "Food Chain Barbie", Mattel lost its claims of copyright and trademark infringement against him because his work effectively parodies Barbie and the values she represents.^[3] But when Jeff Koons tried to justify his appropriation of Art Rogers' photograph "Puppies" in his sculpture "String of Puppies" with the same parody defense, he lost because his work was not presented as a parody of Rogers' photograph in particular, but of society at large, which was deemed insufficiently justificatory.^[4]

However, since this case, courts have begun to emphasize the first fair use factor—assessing whether the alleged infringement has transformative use as described by the Hon. Judge Pierre N. Leval.^[5] More recently, Koons was involved in a similar case with commercial photographer Andrea Blanch,^[6] regarding his use of her photograph for a painting, whereby he appropriated a central portion of an advertisement she had been commissioned to shoot for a magazine. In this case, Koons won; the case sets a favourable precedent for appropriation art where the use is deemed transformative.

The subfactor mentioned in the legislation above, "whether such use is of a commercial nature or is for nonprofit educational purposes", has recently been deemphasized in some Circuits "since many, if not most, secondary uses seek at least some measure of commercial gain from their use".^[7] More important is whether the use fulfills any of the "preamble purposes" also mentioned in the legislation above, as these have been interpreted as paradigmatically "transformative". Although Judge Pierre Leval has distinguished the first factor as "the soul of fair use", it alone is not determinative. For example, not every educational usage is fair.^[8] See also LA Times v Free Republic, described below.

Nature of the copied work[link]

Although the Supreme Court of the United States has ruled that the availability of copyright protection should not depend on the artistic quality or merit of a work, fair use analyses consider certain aspects of the work to be relevant, such as whether it is fictional or non-fictional.^[9]

To prevent the private ownership of work that rightfully belongs in the public domain, facts and ideas are separate from copyright—only their particular expression or fixation merits such protection. On the other hand, the social usefulness of freely available information can weigh against the appropriateness of copyright for certain fixations. The Zapruder film of the assassination of President Kennedy, for example, was purchased and copyrighted by Time magazine. Yet their copyright was not upheld, in the name of the public interest, when they tried to enjoin the reproduction of stills from the film in a history book on the subject in Time Inc v Bernard Geis Associates.^[10]

Following the decisions of the Second Circuit in Salinger v Random House Inc^[11] and in New Era Publications Int'l v Henry Holt & Co,^[12] the aspect of whether the copied work has been previously published suddenly trumped all other considerations because of, in the words of one commentator, "the original author's interest in controlling the circumstances of the first public revelation of his work, and his right, if he so chooses, not to publish at all". Yet some^[who?] view this importation of certain aspects of France's droit moral d'artiste (moral rights of the artist) into American copyright law as "bizarre and contradictory" because it sometimes grants greater protection to works that were created for private purposes that have little to do with the public goals of copyright law, than to those works that copyright was initially conceived to protect. This is not to claim that unpublished works, or, more specifically, works not intended for publication, do not deserve legal protection, but that any such protection should come from laws about privacy, rather than laws about copyright. The statutory fair use provision was amended in response to these concerns by adding a final sentence: "The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

Amount and substantiality[link]

The third factor assesses the quantity or percentage of the original copyrighted work that has been imported into the new work. In general, the less that is used in relation to the whole, ex: a few sentences of a text for a book review, the more likely that the sample will be considered fair use. Yet see Sony Corp. of America v. Universal City Studios, Inc. for a case in which substantial copying—entire programs for private viewing—was upheld as fair use, at least when the copying is done for the purposes of time-shifting. Likewise, see Kelly v. Arriba Soft Corporation, where the Ninth Circuit held that copying an entire photo to use as a thumbnail in online search results did not weigh against fair use, "if the secondary user only copies as much as is necessary for his or her intended use". Conversely, in Harper & Row, Publishers Inc v Nation Enters,^[13] the use of fewer than 400 words from President Ford's memoir by a political opinion magazine was interpreted as infringement because those few words represented "the heart of the book" and were, as such, substantial.

Before 1991, sampling in certain genres of music was accepted practice and such copyright considerations as these were viewed as largely irrelevant. The strict decision against rapper Biz Markie's appropriation of a Gilbert O'Sullivan song in the case Grand Upright Music, Ltd. v. Warner Bros. Records Inc.^[14] changed practices and opinions overnight. Samples now had to be licenced, as long as they rose "to a level of legally cognizable appropriation."^[15] In other words, de minimis sampling was still considered fair and free because, traditionally, "the law does not care about trifles." The recent Sixth Circuit Court decision in the appeal to Bridgeport Music, Inc. v. Dimension Films has reversed this standing, eliminating the de minimis defense for samples of recorded music, but stating that the decision did not apply to fair use.

Effect upon work's value[link]

The fourth factor measures the effect that the allegedly infringing use has had on the copyright owner's ability to exploit his or her original work. The court not only investigates whether the defendant's specific use of the work has significantly harmed the copyright owner's market, but also whether such uses in general, if widespread, would harm the potential market of the original. The burden of proof here rests not on the defendant for commercial uses, but on the copyright owner for noncommercial uses. See Sony Corp v Universal City Studios,^[16] where the copyright owner, Universal, failed to provide any empirical evidence that the use of Betamax had either reduced their viewership or negatively impacted their business. In the aforementioned Nation case regarding President Ford's memoirs, the Supreme Court labeled this factor "the single most important element of fair use" and it has indeed enjoyed some level of primacy in fair use analyses ever since. Yet the Supreme Court's more recent announcement in Campbell v Acuff-Rose Music Inc^[17] that "all [four factors] are to be explored, and the results weighed together, in light of the purposes of copyright" has helped modulate this emphasis in interpretation.

In evaluating the fourth factor, courts often consider two kinds of harm to the potential market of the original work: First, courts consider whether the use in question acts as a direct market substitute for the original work. In the judgement of the Supreme Court in Acuff-Rose Music they decisively stated that, "when a commercial use amounts to mere duplication of the entirety of the original, it clearly supersedes the object of the original and serves as a market replacement for it, making it likely that cognizable market harm to the original will occur". In one instance, a court ruled that this factor weighed against a defendant who had made unauthorized movie trailers for video retailers, since his trailers acted as direct substitutes for the copyright owner's official trailers.^[18] Second, courts also consider whether potential market harm might exist beyond that of direct substitution, such as in the potential existence of a licencing market. This consideration has weighed against commercial copy shops that make copies of articles in course-pack for college students, when a market already existed for the licencing of course-pack copies.^[19]

Courts recognize that certain kinds of market harm do not oppose fair use, such as when a parody or negative review impairs the market of the original work. Copyright considerations may not shield a work against adverse criticism.

Fair use and professional communities[link]

Courts, when deciding fair use cases, in addition to looking at context, amount and value of the use, also look to the standards and practices of the professional communities where the case comes from.^{[citation needed]}

Practical effect of fair use defense[link]

The practical effect of this law and the court decisions following it is that it is usually possible to quote from a copyrighted work in order to criticize or comment upon it, teach students about it, and possibly for other uses. Certain well-established uses cause few problems. A teacher who prints a few copies of a poem to illustrate a technique will have no problem on all four of the above factors (except possibly on amount and substantiality), but some cases are not so clear. All the factors are considered and balanced in each case: a book reviewer who quotes a paragraph as an example of the author's style will probably fall under fair use even though he may sell his review commercially; but a non-profit educational website that reproduces whole articles from technical magazines will probably be found to infringe if the publisher can demonstrate that the website affects the market for the magazine, even though the website itself is non-commercial.

Free Republic, LLC, owner of the political website freerepublic.com, was found liable for copyright infringement in LA Times v Free Republic for reproducing and archiving full-text versions of plaintiffs' news articles even though the judge found the website minimally commercial. She held that "while defendants' do not necessarily 'exploit' the articles for commercial gain, their posting to the Free Republic site allows defendants and other visitors to avoid paying the 'customary price' charged for the works."

The April 2000 opinion ruled concerning the four factors of fair use that 1) "defendants' use of plaintiffs' articles is minimally, if at all, transformative, 2) the factual content of the articles copied "weighs in favour of finding of fair use of the news articles by defendants in this case", though it didn't "provide strong support" 3) concerning the amount and substantiality prong, "the wholesale copying of plaintiffs' articles weighs against the finding of fair use", and 4) the plaintiffs showed that they were trying to exploit the market for viewing their articles online and defendants did not rebut their showing by proving an absence of usurpation harm to plaintiffs. Ultimately the court found "that the defendants may not assert a fair use defense to plaintiffs' copyright infringement claim".

Fair use as a defense[link]

The Supreme Court of the United States described fair use as an affirmative defense in Campbell v. Acuff-Rose Music, Inc.^[17] This means that, in litigation on copyright infringement, the defendant bears the burden of raising and proving that his use was "fair" and not an infringement. Thus, fair use need not even be raised as a defense unless the plaintiff first shows (or the defendant concedes) a "prima facie" case of copyright infringement. If the work was not copyrightable, the term had expired, or the defendant's work borrowed only a small amount, for instance, then the plaintiff cannot make out a prima facie case of infringement, and the defendant need not even raise the fair use defense.

Since the defendant's burden of proof, some copyright owners frequently make claims of infringement even in circumstances where the fair use defense would likely succeed in hopes that the user will refrain from the use rather than spending resources in his defense. This type of lawsuit is part of a much larger problem in First Amendment law; see Strategic lawsuit against public participation.

Since paying a royalty fee may be much less expensive than having a potential copyright suit threaten the publication of a completed work in which a publisher has invested significant resources, many authors may seek a license even for uses that copyright law ostensibly permits without liability.

The frequent argument over whether fair use is a "right" or a "defense"^[20] is generated by confusion over the use of the term "affirmative defense." "Affirmative defense" is simply a term of art from litigation reflecting the timing in which the defense is raised. It does not distinguish between "rights" and "defenses", and so it does not characterize the substance of the defendant's actions as "not a right but a defense".

In response to perceived over-expansion of copyrights, several electronic civil liberties and free expression organizations began in the 1990s to add fair use cases to their dockets and concerns. These include the Electronic Frontier Foundation ("EFF"), the American Civil Liberties Union, the National Coalition Against Censorship, the American Library Association, numerous clinical programs at law schools, and others. The "Chilling Effects" archive was established in 2002 as a coalition of several law school clinics and the EFF to document the use of cease and desist letters. Most recently, in 2006, Stanford University began an initiative called "The Fair Use Project" (FUP) to help artists, particularly filmmakers, fight lawsuits brought against them by large corporations.

In 2009, fair use appeared as a defense in lawsuits against filesharing. Charles Nesson argued that file-sharing qualifies as fair use in his defense of alleged filesharer Joel Tenenbaum.^[21] Kiwi Camara, defending alleged filesharer Jammie Thomas, announced a similar defense.^[22]

On September 2, 2009 Israeli District court ruled out a detailed decision^[23] not allowing disclosure of "John Doe"'s details for the request of the FA Premier League based on several reasons, but the most interesting were that "fair use" under the new Israeli law of 2007 (which is based on the US 4 factors test) is a right and not merely a defense. The court specifically states that the public may have base for a legal cause of action if its fair use right is infringed by the copyright holder. Other important decision in said judgment is the fact that the court finds streaming Internet filesharing site of live soccer games not infringing copyright as this use is fair use (mainly due to the importance of certain sport events and the public's right). The court analyzes the 4 factors and decides that due to such importance of sporting games (and other less important factors), such use is fair.

The economic benefit of fair use[link]

A balanced copyright law provides an economic benefit to many high-tech businesses such as search engines and software developers. Fair Use is also crucial to non-technology industries such as insurance, legal services, and newspaper publishers.^[24] On September 12, 2007, the Computer and Communications Industry Association (CCIA),^[24] a group representing companies including Google Inc., Microsoft Inc.,^[25] Oracle Corporation, Sun Microsystems, Yahoo!^[26] and other high-tech companies, released a study that found that Fair Use exceptions to US copyright laws were responsible for more than $4,500 billion dollars in annual revenue for the United States economy representing one-sixth of the total US GDP.^[24] The study was conducted using a methodology developed by the World Intellectual Property Organization.^[24] The study found that fair use dependent industries are directly responsible for more than eighteen percent of US economic growth and nearly eleven million American jobs.^[24] "As the United States economy becomes increasingly knowledge-based, the concept of fair use can no longer be discussed and legislated in the abstract. It is the very foundation of the digital age and a cornerstone of our economy," said Ed Black, President and CEO of CCIA.^[24] "Much of the unprecedented economic growth of the past ten years can actually be credited to the doctrine of fair use, as the Internet itself depends on the ability to use content in a limited and unlicenced manner."^[24]

Fair use and parody[link]

Producers or creators of parodies of a copyrighted work have been sued for infringement by the targets of their ridicule, even though such use may be protected as fair use. These fair use cases distinguish between parodies (using a work in order to poke fun at or comment on the work itself) and satires (using a work to poke fun at or comment on something else). Courts have been more willing to grant fair use protections to parodies than to satires, but the ultimate outcome in either circumstance will turn on the application of the four fair use factors.

In Campbell v Acuff-Rose Music Inc^[17] the Supreme Court recognized parody as a fair use, even when done for profit. Roy Orbison's publisher, Acuff-Rose Music Inc, had sued 2 Live Crew in 1989 for their use of Orbison's "Oh, Pretty Woman" in a mocking rap version with altered lyrics. The Supreme Court viewed 2 Live Crew's version as a ridiculing commentary on the earlier work, and ruled that when the parody was itself the product rather than used for mere advertising, commercial sale did not bar the defense. The Campbell court also distinguished parodies from satire, which they described as a broader social critique not intrinsically tied to ridicule of a specific work, and so not deserving of the same use exceptions as parody because the satirist's ideas are capable of expression without the use of the other particular work.

A number of appellate decisions have recognized parody as a protected fair use, including both the Second (Leibovitz v Paramount Pictures Corp) and Ninth Circuits (Mattel v Walking Mountain Productions). Most recently, in Suntrust v Houghton Mifflin, a suit was brought unsuccessfully against the publication of The Wind Done Gone, which reused many of the characters and situations from Gone with the Wind, but told the events from the point of view of the slaves rather than the slaveholders. The Eleventh Circuit, applying Campbell, recognized that The Wind Done Gone was a protected parody, and vacated the district court's injunction against its publication.

Fair use on the Internet[link]

A US court case in 2003, Kelly v. Arriba Soft Corporation, provides and develops the relationship between thumbnails, inline linking and fair use. In the lower District Court case on a motion for summary judgment, Arriba Soft was found to have violated copyright without a fair use defense in the use of thumbnail pictures and inline linking from Kelly's website in Arriba's image search engine. That decision was appealed and contested by Internet rights activists such as the Electronic Frontier Foundation, who argued that it is clearly covered under fair use.

On appeal, the 9th Circuit Court of Appeals found in favour of the defendant. In reaching its decision, the court utilized the above-mentioned four-factor analysis. Firstly, it found the purpose of creating the thumbnail images as previews to be sufficiently transformative, noting that they were not meant to be viewed at high resolution like the original artwork was. Secondly, the fact that the photographs had already been published diminished the significance of their nature as creative works. Thirdly, although normally making a "full" replication of a copyrighted work may appear to violate copyright, here it was found to be reasonable and necessary in light of the intended use. Lastly, the court found that the market for the original photographs would not be substantially diminished by the creation of the thumbnails. To the contrary, the thumbnail searches could increase exposure of the originals. In looking at all these factors as a whole, the court found that the thumbnails were fair use and remanded the case to the lower court for trial after issuing a revised opinion on July 7, 2003. The remaining issues were resolved with a default judgment after Arriba Soft had experienced significant financial problems and failed to reach a negotiated settlement.

In August 2008 US District Judge Jeremy Fogel of San Jose, California ruled that copyright holders cannot order a deletion of an online file without determining whether that posting reflected "fair use" of the copyrighted material. The case involved Stephanie Lenz, a writer and editor from Gallitzin, Pennsylvania, who made a home video of her thirteen-month-old son dancing to Prince's song Let's Go Crazy and posted the video on YouTube. Four months later, Universal Music, the owner of the copyright to the song, ordered YouTube to remove the video enforcing the Digital Millennium Copyright Act. Lenz notified YouTube immediately that her video was within the scope of fair use, and demanded that it be restored. YouTube complied after six weeks, not two weeks as required by the Digital Millennium Copyright Act. Lenz then sued Universal Music in California for her legal costs, claiming the music company had acted in bad faith by ordering removal of a video that represented fair-use of the song.^[27]

Common misunderstandings[link]

Fair use is commonly misunderstood because of its deliberate ambiguity. Here are some of the more common misunderstandings with explanations of why they are wrong:

• Any use that seems fair is fair use. In the law, the term fair use has a specific meaning that only partly overlaps the plain-English meaning of the words. While judges have much leeway in deciding how to apply fair use guidelines, not every use that is commonly considered "fair" counts as fair use under the law.
• Fair use interpretations are unique and limited. Fair use is decided on a case by case basis, on the entirety of circumstances. The same act done by different means or for a different purpose can gain or lose fair use status. Even repeating an identical act at a different time can make a difference due to changing social, technological, or other surrounding circumstances.^{[14][citation needed]}
• If it's not fair use, it's copyright infringement. Fair use is only one of many limitations, exceptions, and defenses to copyright infringement. For instance, the Audio Home Recording Act establishes that it is legal in some circumstances to make copies of audio recordings for non-commercial personal use.^[28]
• It's copyrighted, so it can't be fair use. On the contrary, fair use applies only to copyrighted works, describing conditions under which copyrighted material may be used without permission. If a work is not copyrighted, fair use does not come into play, since public-domain works can be used for any purpose without violating copyright law.
  • Note: In some countries (including the United States of America), the mere creation of a work establishes copyright over it, and there is no legal requirement to register or declare copyright ownership^[29]
• Acknowledgment of the source makes a use fair. Giving the name of the photographer or author may help, but it is not sufficient on its own. While plagiarism and copyright violation are related matters—-both can, at times, involve failure to properly credit sources—-they are not identical. Plagiarism—using someone's words, ideas, images, etc. without acknowledgment—is a matter of professional ethics. Copyright is a matter of law, and protects exact expression, not ideas. One can plagiarize even a work that is not protected by copyright, such as trying to pass off a line from Shakespeare as one's own. On the other hand, citing sources generally prevents accusations of plagiarism, but is an insufficient defense against copyright violations. For example, reprinting a copyrighted book without permission, while citing the original author, would be copyright infringement but not plagiarism.^{[citation needed]}
• Noncommercial use is invariably fair. Not true, though a judge may take the profit motive or lack thereof into account. In LA Times v Free Republic, the court found that the noncommercial use of LA Times content by the Free Republic Web site was in fact not fair use, since it allowed the public to obtain material at no cost that they would otherwise pay for.
• Strict adherence to fair use protects you from being sued. Fair use is an affirmative defense against an infringement suit; it does not restrain anyone from suing. The copyright holder may legitimately disagree that a given use is fair, and they have the right to have the matter decided by a court. Thus, fair use does not guarantee that a lawsuit will be prevented.
• The lack of a copyright notice means the work is public domain. Not usually true. United States law in effect since March 1, 1989, has made copyright the default for newly created works. For a recent work to be in the public domain the author must specifically opt-out of copyright. For works produced between January 1, 1923 and March 1, 1989, copyright notice is required; however, registration was not required^[30] and between January 1, 1978 and March 1, 1989 lack of notice is not necessarily determinative, if attempts were made immediately to correct the lack of notice. Any American works that did not have formal registration or notice fell into the Public Domain if registration was not made in a timely fashion. For international works, the situation is even more complex. International authors who failed to provide copyright notice or register with the US copyright office are given additional contemporary remedies that may restore American copyright protection given certain conditions. International authors/corporations who fail to meet these remedies forfeit their copyright. An example of a company who failed to prove copyright was Roland Corporation and their claimed copyright on the sounds contained in their MT-32 synthesizer.
• It's okay to quote up to 300 words. The 300-word limit is reported to be an unofficial agreement, now long obsolete, among permissions editors in the New York publishing houses: "I'll let you copy 300 words from our books if you let us copy 300 words from yours." It runs counter to the substantiality standard. As explained above, the substantiality of the copying is more important than the actual amount. For instance, copying a complete short poem is more substantial than copying a random paragraph of a novel; copying an 8.5×11-inch photo is more substantial than copying a square foot of an 8×10-foot painting. In 1985, the US Supreme Court held that a news article's quotation of approximately 300 words from former President Gerald Ford's 200,000 word memoir was sufficient to constitute an infringement of the exclusive publication right in the work.^[31]
• You can deny fair use by including a disclaimer. Fair use is a right granted to the public on all copyrighted work. Fair use rights take precedence over the author's interest. Thus the copyright holder cannot use a non-binding disclaimer, or notification, to revoke the right of fair use on works.^{[citation needed]} However, binding agreements such as contracts or licence agreements may take precedence over fair use rights.^[32]
• If you're copying an entire work, it's not fair use. While copying an entire work may make it harder to justify the amount and substantiality test, it does not make it impossible that a use is fair use. For instance, in the Betamax case, it was ruled that copying a complete television show for time-shifting purposes is fair use.
• If you're selling for profit, it's not fair use. While commercial copying for profit work may make it harder to qualify as fair use, it does not make it impossible. For instance, in the case Campbell v. Acuff-Rose Music, Inc., it was ruled that commercial parody can be fair use. Hip-hop group 2 Live Crew successfully made a parody, sold for profit, of the song "Oh, Pretty Woman".

Influence internationally[link]

While many other countries recognize similar exceptions to copyright, only the United States and Israel fully recognize the concept of fair use.^[33]

While influential in some quarters, other countries often have drastically different fair use criteria to the US, and in some countries there is little or no fair use defense available. Even within Europe, rules vary greatly between countries. Some countries have the concept of fair dealing instead of fair use. However many countries have some reference to an exemption for educational use, although the extent of this exemption may vary widely.^[34]

Fair dealing in Canada[link]

The Copyright Act establishes fair dealing in Canada, which allows specific exceptions to copyright protection. The open-ended concept of fair use is not observed in Canadian law. In 1985, the Sub-Committee on the Revision of Copyright rejected replacing fair dealing with an open-ended system, and in 1986 the Canadian government agreed that "the present fair dealing provisions should not be replaced by the substantially wider 'fair use' concept".^[35]

CCH Canadian Ltd v Law Society of Upper Canada [2004] 1 S.C.R. 339, 2004 SCC 13 is the landmark Supreme Court of Canada case that establishes the bounds of fair dealing in Canadian copyright law. The Law Society of Upper Canada was sued for copyright infringement for providing photocopy services to researchers. The Court unanimously held that the Law Society's practice fell within the bounds of fair dealing.

Israel[link]

In November 2007, Israel passed a new Copyright Law that included a US style fair use exception. The law, which took effect in May 2008, permits the fair use of copyrighted works for purposes such as private study, research, criticism, review, news reporting, quotation, or instruction or testing by an educational institution.^[36] The law sets up four factors, similar to those of section 107 under American law, to determine whether a use is fair use.

See also "Fair use as a defense" above and the Fapl v Ploni decision.^[23][37]

Poland[link]

Fair use exists in the Polish law and are covered by the Polish copyright law articles 23 to 35.

Compared to the United States, Polish fair use distinguishes between private and public use. In Poland, when the use is public, its use risks fines. The defendant must also prove that his use was private when accused that it was not, or that other mitigating circumstances apply. Finally, Polish law treats all cases in which private material was made public as a potential copyright infringement, where fair use cannot apply.

South Korea[link]

The Korean Copyright Act newly amended in 2009, in articles 23~38 of section 4-2 (Limitation to the author's property rights), defines the exceptional use of copyrighted material without permission from copyright holders. However, a broad concept of fair use as in the above countries still does not exist in the Korean Copyright Act.^{[citation needed]}

See also[link]

Wikiversity has learning materials about Fair use

Look up a glossary of legal terms in technology in Wiktionary, the free dictionary.

• Berne three-step test
• Defenses & Exceptions section of United States copyright law
• Copyfraud
• Fair dealing, a similar but more restrictive concept found in the United Kingdom and other Commonwealth nations (including Australia and Canada)
• Fair use (US trademark law)
• Fair Use Project
• Limitations and exceptions to copyright
• Electronic Frontier Foundation
• Right to quote
• Creative Commons
• Orphan works
• Abandonware

References[link]

Further reading[link]

• Depoorter, Ben; Parisi, Francesco (2002). "Fair Use and Copyright Protection: A Price Theory Explanation". International Review of Law and Economics 21 (4): 453–473. DOI:10.1016/S0144-8188(01)00071-0. 
• Gordon, Wendy J. (1982). "Fair Use as Market Failure: A Structural and Economic Analysis of the 'Betamax' Case and Its Predecessors". Columbia Law Review 82 (8): 1600–1657. DOI:10.2307/1122296. JSTOR 1122296. 
• Samuelson, Pamela (1995). "Copyright's fair use doctrine and digital data". Publishing Research Quarterly 11 (1): 27–39. DOI:10.1007/BF02680415. 

External links[link]

Look up fair use in Wiktionary, the free dictionary.

This article's use of external links may not follow Wikipedia's policies or guidelines. Please improve this article by removing excessive or inappropriate external links, and converting useful links where appropriate into footnote references. (July 2010)

• Limitations on exclusive rights: Fair use—from the US Copyright Office
• US Copyright Office: Fair Use
• Computer and Communications Industry Association. "Economic Contribution of Industries Relying on Fair Use." September 2007
• Fair Use of Copyrighted Materials by Georgia Harper, The Copyright Crash Course, University of Texas at Austin Libraries
• Bound by Law by Duke University's Center for the Study of the Public Domain
• Code of Best Practices In Fair Use for Media Literacy Education National Council of Teachers of English
• Copyright and Fair Use from Stanford University Libraries
• A Practical Guide to Fair Use Doctrine. Signal or Noise 2K5. Harvard University
• A guide to the circumstances of fair use. University of Texas Systems Dept.
• "Will fair use survive? Free Expression in the Age of Copyright Control". Brennan Center for Justice.

Roundabouts (or carousels) are traditional attractions, often seen at fairs. This one was photographed at the famous Nottingham Goose Fair, England, in 1983

A fair (archaic: fayre) is a gathering of people to display or trade produce or other goods, to parade or display animals and often to enjoy associated carnival or funfair entertainment. It is normally of the essence of a fair that it is temporary; some last only an afternoon while others may last as long as ten weeks. Activities at fairs vary widely. Some trade fairs are important regular business events where either products are traded between businesspeople, as at the Frankfurt Book Fair, where publishers sell book rights in other markets to other publishers, or where products are showcased to largely consumer attendees, as for example in agricultural districts where they present opportunities to display and demonstrate the latest machinery on the market to farmers.

Fairs are also known by many different names around the world, such as agricultural show, fête, county fair, exhibition or state fair, festival, market and show. Flea markets and auto shows are sometimes incorporated into a fair.

Fayre[link]

A boy at the fish pond, the Rockton World's Fair, harvest festival, Canada, 2010

Fayre is an archaic spelling of fair, used mostly from the 15th to the 17th century. This spelling is now confusingly used for both fair and fare, the latter in the sense of 'food and drink'. In itself, the word means a gathering of stalls and amusements for public entertainment. The alternate spelling is an old-fashioned affectation and is used in order to remind revellers and participants of medieval fayres and markets. It is mainly used for fairs that are essentially leisure rather than business events like trade fairs and rides.

Fairgrounds[link]

The fair is an ancient tradition, and many communities have long had dedicated fairgrounds; others hold them in a variety of public places, including streets and town squares, or even in large private gardens. Fairs are often held in conjunction with a significant event, such as the anniversary of a local historical event, a seasonal event such as harvest time, or with a holiday such as Christmas.

History[link]

In Roman times, fairs were holidays on which there was an intermission of labour and pleadings. In the Middle Ages many fairs developed as temporary markets, and were especially important for long-distance and international trade, as wholesale traders travelled, sometimes for many days, for pre-arranged fairs where they could be sure to meet those they needed to buy from or sell to. They were usually tied to a special Christian religious occasion (particularly the anniversary dedication of a church). Tradesmen would bring and sell their wares, even in the churchyards. Such fairs might then continue annually, usually on the feast day of the patron saint to whom the church was dedicated. This custom was kept up until the reign of Henry VI, by which time there were a great many fairs kept on these patronal festivals, for example at Westminster on St. Peter's day, at Smithfield on St. Bartholomew's (the famous Bartholomew Fair, celebrated in Ben Jonson's play of the same name) and at Durham on St. Cuthbert's day. The Kumbh Mela, held every twelve years, at Allahabad, Haridwar, Nashik and Ujjain is one of the largest fairs in India, where over 60 million people gathered in January 2001, making it the largest gathering anywhere in the world.^[1][2][3] In the United States, fairs draw in as many as 150 million people each summer.^[4] One example of the American county fair being featured in a famous piece of literature is in E. B. White's Charlotte's Web.^[4] Children's competitions at an American fair range from breeding small animals to robotics, while the organization 4-H has become a traditional association.^[4]

Pie-powder courts[link]

Because of the great numbers of people attracted by fairs they were often the scenes of riots and disturbances, so the privilege of holding a fair was granted by royal charter. At first they were only allowed in towns and places of strength, or where there was some bishop, sheriff or governor who could keep order. In time, various benefits became attached to certain fairs, such as granting people the protection of a holiday, and allowing them freedom from arrests in certain circumstances. The officials were authorised to do justice to those that came to their fair; eventually even the smallest fair would have had a court to adjudicate on offences and disputes arising within the fairground, which was called a pye powder court (from Old French pieds pouldrés, literally "dusty feet", meaning an itinerant trader, from Medieval Latin pedes pulverosi).

Free fairs[link]

Fairs go long into the night, and use lights to attract people

Some fairs were free; others charged tolls and impositions. At free fairs, traders, whether natives of the kingdom or foreigners, were allowed to enter the kingdom, and were under royal protection while travelling to and returning from the fair. The traders, their agents, and their goods were exempt from all duties and impositions, tolls and servitudes; merchants going to or coming from the fair could not be arrested, or have their goods stopped.

Such fairs (especially those of the Mediterranean region and some inland regions, particularly Germany), were extremely important in the commerce of Europe. The most famous were those of:

• The Asia's Largest Cattle fair " Sonepur Mela "
• The Champagne fairs in Champagne and Brie regions of France in the Middle Ages
• The Frankfurt Book Fair remains the most important fair in international publishing, as it has been since at least the 17th century.
• Archangel in Arkhangelsk Oblast), Russia
• Banská Bystrica, Slovakia (Radvanský jarmok)
• Beauclaire, Languedoc, (France)
• Munich, Oktoberfest, (Germany)
• Frankfurt, Frankfurt Book Fair, (Germany)
• Guibray, Normandy, (France)
• Havana (Cuba)
• Plovdiv, (Bulgaria)
• Poznań (Poznań International Fair), (Poland)
• Leipzig (Leipzig Trade Fair), (Germany)
• Lyon, (France)
• Milan, Fiera di Senigaglia
• Rome, Porta Portese
• Novi, in the Milanese region of northern Italy
• Riga, (Latvia)
• St. Germain, at Paris, (France)
• Sweden and Uppsala, the Disting
• Portobelo, (Panama)
• Veracruz, (Mexico)

See also[link]

• Sonepur Fair
• Art fair
• Fairground (disambiguation)
• Street fair
• World's fair

References[link]

External links[link]

Wikisource has the text of the 1911 Encyclopædia Britannica article Fair.

• A vivid description of Bartholomew Fair (in 1825) from Hone's Every Day Book

Look up use in Wiktionary, the free dictionary.

Use may refer to:

• Use (law), an obligation on a person to whom property has been conveyed
• Use–mention distinction, the distinction between using a word and mentioning it

See also[link]

• Use case
• User story
• USE (disambiguation)

This disambiguation page lists articles associated with the same title. If an internal link led you here, you may wish to change the link to point directly to the intended article.

Chris Hecker
Chris Hecker at the Game Developers Conference in 2010
Born	1970 (age 41–42) St. Louis, Missouri, USA
Occupation	Former Technology Fellow at Maxis[1]

Christopher Bryan Hecker is a video game programmer and commentator.

Biography[link]

Hecker was a student at the Parsons School of Design in New York City, studying the fine arts towards work as an illustrator. An article in Byte Magazine sold him on programming and he dropped out of school to begin work on graphics and games.

Hecker worked at Microsoft for three years, where he created and led the WinG API project for the Windows operating system, a port of device independent bitmaps from Windows 95 to Windows 3.x. After completing WinG, Hecker moved to the entertainment division and wrote the rendering engine for the real-time globe display in Encarta World Atlas. He then left Microsoft in 1995 to start Definition Six,^[2] a Seattle, Washington based games and computer graphics consulting company that was later moved to Oakland, California.

Definition Six focused on the development of physics technology for games,^[3] and lobbied for the OpenGL standard for graphics display.^[4] The company produced a tech demo [1] but did not ship a commercial title. During this time, Hecker spent many years working independently on a game based on the sport of rock climbing^[5][6] that was never completed.

In 2004, Hecker took a job with Maxis, working with Will Wright on Spore.^[7][8] He led the development of many of the key technologies in that title, including the core creature tesselation, painting, skinning, and animation technologies.

For many years Hecker was Editor-At-Large of Game Developer Magazine, and also serves on the editorial board for the Journal of Graphics Tools.^[9] He currently sits on the advisory board for the Game Developers Conference,^[10] and is the member with the longest tenure of those currently serving.

In 2006, Hecker was awarded the Community Contribution award at the Game Developers Choice Awards at the 2006 Game Developer Conference.^[11][12]

In late 2009, he was laid off from Maxis.^[1] Hecker is currently working on an "indie" game called SpyParty.

Articles[link]

Hecker and other game developers at a BAFTA event in Los Angeles in July 2011. From left: Rod Humble, Louis Castle, David Perry, Brenda Brathwaite, John Romero, Will Wright, Tim Schafer, Chris Hecker.

During his time at Microsoft and Definition Six, Hecker wrote an influential programming column for Game Developer Magazine.

Two series of articles from this column still serve today as standard references on their respective subjects. The initial series was the first complete synthesis of perspectively-correct texture mapping, and formed the mathematical basis for many important game rasterizers, including Michael Abrash's seminal rasterizer for the landmark 3D title Quake.^[13]

The second was a series on rigid body dynamics simulation for games [2], complete with an extensive bibliography of rigid body dynamics resources [3], which has become a standard web reference thereof. The articles were part of a general push by Hecker to incorporate more interactive physics in games,^[14] which at the time in 1996 rarely featured any physical simulation.

In the summer of 1997, Hecker stepped down as author of the regular column to focus on game development full-time.

Indie game advocacy[link]

In many interviews and speaking engagements, Hecker has lobbied heavily for the development of an independent games movement.

Lamenting the lack of innovation in gameplay, he has pushed for alternative markets and models for small-scale video game production.^[15] In 2002, with a few of his friends (largely Looking Glass Studios veterans), Hecker co-founded the successful Indie Game Jam.^[16]

In addition to directly leading to the creation of at least one commercial title,^[17] the Indie Game Jam inspired others to create their own local game jams worldwide, such as the similarly named Boston Game Jam and Toronto Game Jam .^[18][19]

Wii comments[link]

At the 2007 Game Developers Conference, Hecker stated that the Wii game console was a "piece of shit" in reference to Wii's low computational power in comparison to competing consoles and that the Wii was hardly better than two GameCubes stuck together with duct tape.^[20][21] He later issued a public apology, saying his earlier comments went too far, and were "no longer thought provoking, just inflammatory" and that "everyone at Nintendo is passionate at making great games."^[22] At the 2008 Game Developer Conference, Hecker received the first ever Duct Tape Award as a joke from Eric Zimmerman during the developer's rant session.^[23]

Spore: contributions and controversy[link]

Hecker's research and development effort on Spore is widely regarded as a major step forward in procedural character animation and rendering. Part of the technology he developed while working on the project was later selected for publication in the SIGGRAPH 2008 Transactions on Graphics conference proceedings,^[24] and became a featured presentation at that conference.^[25] An interview with Will Wright later claimed that Hecker's work on Spore had advanced the state of the art in procedural animation by several years.^[26]

After Spore's release in late 2008, some players considered comments by Hecker made in Seed Magazine^[27] to indicate that he had been primarily responsible for the game's lack of hard scientific backing.^[28] This interpretation of the interview was discredited by Spore lead designer Will Wright ^[29] and Spore producer Lucy Bradshaw.^[30]

References[link]

External links[link]

Wikimedia Commons has media related to: Chris Hecker

• Chris Hecker's web page