Published: Feb. 17, 2023

The University Libraries recognize Fair Use/Fair Dealing Week 2023 as an important opportunity for the campus community to learn more about the Fair Use doctrine. Fair Use is the use of copyrighted content without the expressed permission of the copyright holder under certain circumstances. Whether a use is considered Fair Use is determined on a case by case basis. There is no universal rule for what constitutes Fair Use.

Test your knowledge by taking our interactive quiz, "Is it Fair Use? It Depends!"

Examples of Fair Use

Consider these two examples where Fair Use was in question. In both of these cases, Fair Use of copyrighted material was in question before a court. These cases were similar but had different conclusions illustrating that what is considered Fair Use can be ambiguous and is determined on a case-by-case basis.

Fair Use

The makers of a movie biography of Muhammad Ali used 41 seconds from a boxing match film in their biography.

Important factors: A small portion of film was taken and the purpose was informational. 

Monster Communications, Inc. v. Turner Broadcasting Sys. Inc., 935 F. Supp. 490 (S.D. N.Y. 1996).

Not Fair Use

A television news program copied one minute and 15 seconds from a 72-minute Charlie Chaplin film and used it in a news report about Chaplin’s death.

Important factors: The court felt that the portions taken were substantial and part of the “heart” of the film.

Roy Export Co. Estab. of Vaduz v. Columbia Broadcasting Sys., Inc., 672 F.2d 1095, 1100 (2d Cir. 1982).