The Fair Use Doctrine allows you to use a reasonable portion of a copyrighted work without running
afoul of copyright law. Within all areas of media, there is constant debate over when a particular use qualifies as a fair use.
Fair Use Is Fickle
There is no bright line rule to determine what qualifies as fair use. Instead, courts use a four-factor
test to make the determination. Essentially, the four factors pose the following questions:
J.K. Rowling, the author of the Harry Potter book series, has filed suit against a Michigan-based publisher to prevent publication of the Harry Potter Lexicon, a 400-page booked based on material
from the Harry Potter Lexicon Website created by Harry Potter super-fan, Steven Vander Ark.
RDR Books and Steven Vander Ark’s Argument
Books, describes Vander Ark’s book as a reference book that analyzes and describes all the characters, places, spells, creatures and physical objects found in the seven Harry Potter novels. Vander Ark
organizes the material like an encyclopedia in alphabetical order. RDR argues that the book is protected under the First Amendment and the copyright fair use doctrine. Rowling and Warner Brothers
refer to the book as a re-packaging of Ms. Rowling’s creative work.
An
acquaintance from a professional media
association asked me if it was permissible to use approximately 10% of a song
for a non-commercial video without obtaining a license. Here’s my response to that question.