Copyright Disclaimer Under Section 107 of US Copyright Act, 1976
📜 Copyright Disclaimer Under Section 107 of the U.S. Copyright Act, 1976
Section 107 of the U.S. Copyright Act of 1976 provides the legal basis for “fair use.” It allows limited use of copyrighted material without permission from the copyright owner, under certain conditions.
🧾 Full Text of the Disclaimer (Commonly Used)
Copyright Disclaimer Under Section 107 of the Copyright Act 1976
"Allowance is made for 'fair use' for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use."
⚖️ Key Elements of Section 107 – The Fair Use Doctrine
The law does not define “fair use” absolutely, but instead lists four factors to be considered:
| Factor | Explanation |
|---|---|
| 1️⃣ Purpose and Character of the Use | Is it for commercial or non-profit educational use? Is it transformative (adds new expression or meaning)? |
| 2️⃣ Nature of the Copyrighted Work | Is the work more factual or creative? Use of factual works is more likely to be fair. |
| 3️⃣ Amount and Substantiality | How much of the original work is used? Is the “heart” of the work taken? |
| 4️⃣ Effect on the Market | Does the use harm the market or potential earnings of the original work? |
📌 Examples of Fair Use (if Conditions Are Met)
Quoting a book in a review
Using a short movie clip in a commentary or parody
Educational use of material in a classroom
News reporting with attributed excerpts
Memes or satire (if transformative)
🚫 Important Notes
Fair use is a legal defense, not a right. Only a court can ultimately decide if use qualifies.
Including a “fair use disclaimer” does not automatically protect you from infringement claims.
Commercial use is less likely to be fair than non-profit educational use.
Best practice: Use only what is necessary, and always credit the source.
✅ Summary Table
| Aspect | Details |
|---|---|
| Law Cited | Section 107, U.S. Copyright Act of 1976 |
| Purpose | Allows limited use of copyrighted work without permission |
| Key Uses Allowed | Criticism, comment, news reporting, teaching, scholarship, research |
| 4 Fair Use Factors | Purpose, nature, amount used, market effect |
| Disclaimer Legal Status | Not legally binding—used to show intent; courts make final decisions |
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