Fair Use Policy

Overview

Effective April 18, 2021

In the United States, and in some other countries under the concept of fair dealing, certain uses of copyrighted material may not necessitate permission from the copyright owner. Fair use is a legal doctrine that permits the use of copyrighted material in certain circumstances without authorization.

Determining whether a specific use qualifies as fair use is typically decided by a court of law. Courts evaluate fair use arguments based on four key factors:

  1. The purpose and nature of the use: Is the use transformative, adding new meaning or context to the original work, such as through commentary, criticism, or educational content? Non-commercial, transformative uses are more likely to be considered fair use.
  2. The nature of the copyrighted work: Is the work factual or fictional? Use of factual works leans towards fair use.
  3. The amount and substantiality of the portion used: Copying small excerpts is more likely to be deemed fair use compared to copying substantial portions or the entire work.
  4. The effect on the market value of the original work: Will the use diminish the market value of the copyrighted work by acting as a substitute? If so, fair use is less likely to apply.

Fair use determinations are context-specific, and there is no fixed formula to determine fairness. If uncertain about whether a particular use qualifies as fair use, seeking legal advice is recommended. Please note that Goodbye App cannot provide guidance on whether your use constitutes fair use or not.

Learn more at: http://en.wikipedia.org/wiki/Fair_use