The term "fair use" refers to an aspect of copyright law that allows inclusion of a copyrighted work without requiring permission, typically employed for use in news coverage or scholarly review. There are four elements considered in the application of the fair use clause:
- Purpose and character — does the use of the copyrighted work bring something new to the field of art, or is it merely derivative?
- Nature of the copied work — if the work is deemed factual, or previously published, it is subject to protection as fair use;
- Amount and substantiality — how much of the work is used, and in what context?
- Effect upon work's value — does the use of the work dilute its value in the marketplace? Note that these elements are considered guidelines, and subject to individual judicial review.
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