The fair use doctrine is part of U.S. copyright law, while fair dealing laws are present in other countries. Learn about these two concepts and when they apply to copyrighted works.
Find out more about intellectual property basics
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by Brette Sember, J.D.
Brette is a former attorney and has been a writer and editor for more than 25 years. She is the author of more than 4...
Updated on: February 8, 2023 · 3 min read
When a person creates an original creative work such as a book, song, video, or photograph, they acquire copyright protections as soon as the work is fixed in a tangible medium, such as paper, CD, or data file. That means that no one else can use the work without getting permission from the copyright owner—with one exception: under the defense of fair use. In the U.S., the fair use doctrine allows for the unlicensed use of copyrighted works in certain circumstances, such as education, parody, and news reporting.
Other countries have a similar exception, called fair dealing, that allow for the use of copyrighted work without obtaining a license. Fair dealing is not a doctrine that applies in the United States.
Canada, the United Kingdom, Australia, New Zealand, Singapore, India, and other countries each have their own laws about what constitutes fair dealing when using copyrighted work, so it is important to consult the laws of the country you are engaged with. You do not need to consider fair dealing when using works with copyright protection in the United States. If you want to use a work copyrighted in another country, you would need to understand that country's laws. This situation arises often for users of social media.
The fair use doctrine, part of the Copyright Act of 1976, is an exception to copyright law and the absolute ownership of copyrighted work in the U.S. To encourage freedom of expression, the doctrine allows others to use the copyrighted work or portions of it without permission in certain circumstances. A variety of factors, taken as a whole, are considered when determining if a particular usage constitutes fair use:
Fair dealing laws have similar requirements, but they differ by country.
It can be easier to understand the fair use doctrine by considering some examples of acceptable use. The following would most likely be accepted as fair use:
Countries that adopt fair dealing principles have similar examples. However since each country has its own laws, it is best to refer to those laws to understand what would be acceptable usage for fair dealing.
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