When does use of a copyrighted work fall within the “fair use” exception?
The “fair use” exception to copyright infringement allows copyrighted material to be used in certain situations to promote the free exchange of ideas, including criticism, comment, news reporting, teaching, scholarship or research. You can only be certain that the fair use exception applies if the use is a non-profit use. Congress designed the “fair use” test to be flexible — in practice, the scope of the doctrine is difficult to apply. For more information, read Section 107 of the Copyright Act of 1976.