New works of art and research are based on the works that came before, but copyright law can limit a creator's access to these works. As Judge Joseph Story noted in 1845:
“In truth, in literature, in science and in art, there are, and can be, few, if any things, which in an abstract sense, are strictly new and original throughout. Every book in literature, science, and art, borrows, and must necessarily borrow, and use much which was well known and used before.” (Emerson v. Davies, 8 F.Cas. 615, 619 (No. 4,436) (CCD Mass. 1845), quoted in Hudson Jr., 2004)
The fair use exemption exists for just this reason.
Hudson Jr., D.L. (2004, August 5). Copyright and the First Amendment. First Amendment Center. Retrieved from http://www.firstamendmentcenter.org/copyright-the-first-amendment/.
The Fair Use Evaluator (see below) provides a guide to these steps, and creates a (non-legally binding) evaluation form at the end. Fair use tends to be decided by the courts on a case-by-case basis, so there's no single formula that will decide if a use can be considered fair or not.
This short by Prof. Eric Faden of Bucknell University pokes fun at the Walt Disney Corp's stringent defense of its intellectual property by using, through the doctrine of Fair Use, short clips of Disney films for the educational purpose of explaining Fair Use.
The video posted below has been edited by Jason Burton to include closed captions.
This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License
The information presented here is for informational purposes only and should not be considered legal advice.