Fair Comment -- Copyright Law

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Here is information about the right of a "public commentator" to copy otherwise copyrighted material for the purpose of "public comment."

§ 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

• (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
• (2) the nature of the copyrighted work;
• (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
• (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Regents Guide to Understanding Copyright and Educational Fair Use Created November 13, 1997

This document is the result of the work completed by the University System Committee on Copyright. The guide provides illustrative examples of Fair Use and the legal background of copyright law.

The purpose of this guide is to provide faculty, employees, and students of the University System of Georgia with a basic understanding of copyright and fair use.

Permission to copy these guidelines for non-commercial educational use is freely granted.

Based upon our initial review of the Digital Millennium Copyright Act ("DMCA"), we do not believe that the act affects the guide's fair use analysis.