The Doctrine of Fair Use: All You Need To Know

(Updated August 2025 for clarity and accuracy.)

Copyright law is designed to protect creators, but those protections have limits. In some situations, using someone else’s work without permission isn’t infringement at all. That’s where the doctrine of fair use comes in — a legal concept that shapes how courts decide whether a use crosses the line or stays within the law.

What Is Fair Use?

Fair use is a legal defense against copyright infringement. In other words, if someone claims you copied their work without permission, you may avoid liability if you can show that your use qualifies as fair. The doctrine doesn’t give you a blanket right to use copyrighted material — it’s meant to balance the rights of creators with the public’s interest in free expression, commentary, and creativity.

Fair use allows limited use of copyrighted material without permission, as long as it serves a new and transformative purpose. It’s defined in Section 107 of the Copyright Act, which lays out the main situations where fair use applies.

Examples of Fair Use  

Some of the most common situations where fair use applies include:

• Commentary and criticism – quoting lines from a book in a review or analyzing song lyrics in an article.

• Parody – using recognizable elements of a movie or song to poke fun at it.

• News reporting – showing a brief video clip in a news broadcast to illustrate a story.

• Teaching – sharing short excerpts of a text in a classroom discussion.

For the purposes of intellectual property disputes, courts most often analyze cases involving commentary/criticism and parody. Uses in teaching and news reporting are generally clearer and less likely to involve the kinds of infringement disputes businesses or creators face.

Commentary and Criticism

The doctrine of fair use comes into play when you are commenting or critiquing any copyrighted work. In such a case, you are allowed to reproduce some of the work in order to achieve your goals.

The rationale behind this is to ensure that the wider public can benefit from your commentary, which is enhanced by including some of the copyrighted material in your work.

Parody

A parody is defined as any work intended to ridicule by comically imitating a well-known work. The nature of a parody typically demands that some original work be copied. Therefore, in such a case, a claim against infringement can’t be instituted based on this.

What Factors Are Considered When Deciding Fair Use?

The fair use doctrine tends to be controversial; therefore, the court undertakes specific steps to determine whether a particular use is protected under the fair use doctrine.

The following are some of the four key factors:

Nature and Purpose of the Use

The first factor courts look at is the purpose behind the use. The key question is: Did you transform the material into something new, or did you simply copy it into your own work? Fair use generally applies only when the use is transformative in a meaningful way.

It also matters whether the use is commercial or noncommercial. Courts are more likely to view educational, nonprofit, or commentary uses as fair. On the other hand, using copyrighted material to make a profit often counts against a fair use claim.

Nature of the Original Work Being Used

You are accorded more leeway to copy if an original work is factual or informational rather than fictional. The rationale behind this is that the dissemination of information is considered in the public interest.

Also, copying will be considered fair use when it is done from a published work rather than an unpublished work. The fact that the author has control over the first public appearance of his or her expression broadens the scope of fair use. 

The Amount and Substantiality of the Portion Taken

Another factor is how much of the original work you’ve used. The more you take, the less likely your use will be considered fair. But even using a small portion can still count as infringement if what you copied is the “heart” of the work—the part that makes it most memorable or valuable.

Parodies are a notable exception. Because a parody needs to borrow recognizable parts of the original for the audience to get the joke or commentary, courts often allow greater leeway in how much is copied.

The Effect of the Use on the Potential Market

Courts also consider whether your use harms the market for the original work. If your version reduces the copyright owner’s income or interferes with an existing or potential market — even if you aren’t competing directly — it may weigh against fair use.

Parody is treated differently. While a parody might reduce the market for the original, courts often recognize that this kind of commentary or humor is protected under fair use. The key is that the parody adds new meaning, rather than serving as a substitute for the original.

Fair use is one of the most debated areas of copyright law, and the rules aren’t always black and white. Knowing where the line is drawn can save you from costly mistakes. If you have questions about how fair use applies to your work — or someone else’s — reach out to Larson & Larson for guidance.