When can copyrighted material be used?
Asked by: Herta Turner | Last update: February 14, 2026Score: 4.9/5 (35 votes)
Copyrighted material can be used with permission from the owner, under exceptions like Fair Use (criticism, teaching, research, news), if it's in the public domain (generally life + 70 years), or if licensed under terms like Creative Commons, but the safest route for doubt is always to get permission. Fair Use is determined by a four-factor test: purpose (transformative/educational favors), nature of the work (informational favors), amount used (less favors), and market effect (no harm favors).
When can people re-use copyrighted material?
In most cases you will need permission to reuse a copyrighted work, but some uses without permission are legal. For example, if the conditions of fair use are met, or if the reuse falls under a Creative Commons license, you may not need the copyright owner's permission.
How can something be used if it is copyrighted?
For example, you may read a copyrighted article and appropriate its ideas or the facts it conveys into your own work without violating the copyright. However, unless fair use or another exception to copyright protection applies, you may not reproduce the actual text of the paper without permission.
What are the 4 conditions of fair use?
The four factors of fair use are: (1) the purpose and character of the use (e.g., transformative, educational vs. commercial), (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used, and (4) the effect of the use on the potential market for the original work; these factors are weighed together on a case-by-case basis to determine if a use falls under fair use.
Are you allowed to use copyrighted material?
The Copyright Act allows for exceptions which enable some use of copyright material without the permission of the copyright owner in certain circumstances. The most common exceptions permit 'fair dealings' with copyright material for certain purposes: research or study. criticism or review.
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When can you legally use copyrighted material?
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports.
What are 5 things that can be copyrighted?
Five things that can be copyrighted are literary works (like books/software), musical works, dramatic works, pictorial/graphic/sculptural works (photos, paintings, sculptures), and audiovisual works (movies, videos). Copyright protects original expressions of ideas, not the ideas themselves, covering a wide range of creative content fixed in a tangible form.
What is not considered fair use?
Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
Can you use a song after 20 years?
Yes, you can use a song after 20 years, but it depends on whether its copyright has expired; most modern songs remain protected for life of the author plus 70 years, but older songs (pre-1978) might be entering the public domain, allowing free use, though you still need a license for specific recordings or new performances. After 20 years, you'll likely still need permission (a license) to use popular songs, but some older, obscure works might become free to use (public domain).
What are the 5 reasons you can use copyrighted work that is fair use?
Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.” Use for one of these purposes is not automatically fair, and uses for other purposes can be fair.
What are the three rules of copyright?
Three key aspects of U.S. copyright law include the exclusive rights granted to creators (reproduction, adaptation, distribution, performance, display), the requirement for a work to be original, creative, and fixed for protection, and the duration of copyright, typically the life of the author plus 70 years. These laws, primarily found in Title 17 of the U.S. Code, protect original expressions like books, music, software, and art.
Why is Mickey Mouse not public domain?
However, like many other well-known characters (Sherlock Holmes and James Bond, for example), Mickey Mouse has changed over time and has traits and characteristics that are still protected by copyright; only the earliest works featuring Mickey Mouse are now in the public domain.
How do I ask for permission to use copyrighted material?
There are several standard steps in the process of acquiring permissions:
- Determine if permission is needed.
- Identify the copyright holder.
- Request permission in writing.
- If permission is granted, acknowledge this appropriately.
- If permission cannot be obtained, be prepared to modify your plans.
Can you use copyrighted material if you don't sell it?
It is not permissible to reproduce copyrighted materials without the written authorization of the copyright holder unless it qualifies under the copyright law's doctrine of "fair use."
What are the copyright exceptions in Canada?
The fair dealing exemption in the Copyright Actnorth_east provides that fair dealing with a copyright-protected work for one of the following eight purposes: research, private study, criticism, review, news reporting, education, satire, or parody, does not infringe copyright.
How long until something is no longer copyrighted?
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.
What is the 80 20 rule in songwriting?
The 80/20 rule (Pareto Principle) in songwriting means 80% of a song's impact comes from 20% of its core elements, like the hook, melody, and structure, while the rest is polish or filler. It guides writers to focus on those vital 20% (catchy hooks, strong lyrics/melody) for major results, while also suggesting that in production, the final 20% of mixing/arrangement takes 80% of the time, and in business, 20% of your songs yield 80% of plays.
Can I use 2 seconds of a copyrighted song?
No, there's no magical number of seconds (like two) that makes using a copyrighted song legal; even a tiny snippet can be infringement, as it depends on the context of "fair use" (transformation, purpose, amount) and copyright holders can claim or strike your content, though short clips are less likely to be detected automatically. The safest bet is always to get permission, use licensed music libraries, or ensure your use is highly transformative (like parody).
What is the 35 year rule in music?
The "35-year rule" in music refers to a provision in the 1976 US Copyright Act (Section 203) that allows artists and songwriters to reclaim rights to their copyrighted works after 35 years from the date of transfer, provided the work wasn't a "work-made-for-hire" and was created after January 1, 1978. This "termination right" enables creators to renegotiate or terminate unfavorable publishing and recording deals, allowing them to regain ownership of their music after that period, with the window for exercising this right opening around 2013.
What are the three exceptions to copyright?
You generally need to obtain a license (i.e., explicit written permission) to use a third party's copyrighted material. There are three major exceptions to this rule: (1) the face-to-face instruction exception, (2) the online instruction exception (also known as the TEACH Act), and (3) the fair use exception.
Is 10 seconds fair use?
A: It depends. Educational or scholarly use weighs in favor of fair use. The brevity of the clip is another factor in favor of fair use, but if those 10 seconds are the heart of the video, it could weigh against Fair Use.
What are the four fair use exceptions to copyright?
Fair use of copyrighted works, as stated in US copyright law, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”
What are the three things not protected by copyright?
Three categories of items not protected by copyright include ideas, methods, and systems, names, titles, and short phrases/slogans, and works of the U.S. government, as copyright protects original expressions fixed in a tangible form, not concepts or public domain material. Other examples include facts, common information, functional designs, and unrecorded performances.
What is the rule of five in copyright?
CONTU Guidelines and the "Rule of Five"
Its provisions include: A library ("user") may request up to five articles from a single periodical per year from issues published within the last five years.
What are common copyright violations?
One of the most common forms of copyright violation involves downloading or sharing songs and movies from the Internet without the express consent of the copyright owner.