Aptly titled for a number of reasons, I have returned to post.  I made a slight departure for a new position with a firm.  I am loving the work and looking forward to involving myself in future projects.  So what is the subject of the post?  Well, I think, in line with the title, I speak to I recently addressed–fair use. 

Fair use is the statutory defense to a claim for infringement that is based upon the type use made of the protected material and is balanced against four factors provided in the statute.  All that basically means that a person can, in some cases, use protected material if it falls into a particular category and a court determines the use balances against infringement, or is “fair”.  So then the question becomes, how to determine the use.  That’s the hook–it’s not so easy.

In fact, it can’t really be done on your own.  It’s determined at the point someone will bring you into court on a claim of copyright infringement.  But a read of the statute and a general understanding might help in making an informed decision about whether the use could reasonably qualify as fair.  I won’t recite the statute here, but you can google (there’s branding) 17 U.S.C. Section 107 and read the entirety of the text. 

I will say that there are a number of fact scenarios that have come down around the comment and criticism and on the four balancing factors.  It’s hard to predict how any distinct case may be viewed, but if you read through the statute you can get a good idea of what not to do.  A good rule of thumb, I have found, is “when in doubt, always clear.”  It’s the absolute best means of ensuring you won’t get sued.  And of course, always consult an attorney if you have questions.  I’m shameless.