Most everyone is familiar with the idea of copyright, at least in the broadest way. Like so many matters, the particulars and details matter a great deal.
Despite claims of a copyright in a work, § 107 of Title 17 of the U.S. Code limits the exclusive rights that a copyright holder might otherwise claim. These are the ‘Fair Use’ provisions about which one often hears. Here’s the text of § 107 on fair use.
§ 107. Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
The statute does not define the scope of the law, of course; judicial decisions over many years are part of our law, applying the a statute’s provisions to circumstances. Fair use applies to use of a published work, whether in print on online (and to unpublished works, too).
There’s no need to write more here — it’s enough for now to see that fair use provisions of our copyright law easily apply when offering public policy criticism or comment, of a portion of a larger work, that is either from a public entity, newspaper, or other publication in print or online.
Fair use limitations on copyright represent some of the best means by which America preserves and advances free, robust commentary. Just one of many reasons to be proud of America’s tradition of liberty.