Legal & IP
Fair Use이란 무엇인가요?
정의
Fair use is a legal doctrine in US copyright law that allows limited use of copyrighted material without permission — for purposes such as commentary, criticism, education, news reporting, and parody. Whether a use qualifies as fair use depends on a four-factor balancing test applied case by case.
The four factors courts weigh when evaluating fair use are: (1) Purpose and character of the use — commercial or transformative? Transformative works that add new meaning or expression are favored; (2) Nature of the copyrighted work — factual works receive less protection than highly creative works; (3) Amount and substantiality used — using a small portion generally favors fair use, but using the 'heart' of a work can weigh against it even if small in quantity; (4) Effect on the market — does the use substitute for or harm the market for the original? Courts generally consider this the most important factor. Fair use is determined case-by-case — there is no bright-line rule. Common misconceptions: giving credit doesn't create fair use; 'educational use' doesn't automatically qualify; and there is no percentage threshold that automatically qualifies.
왜 중요한가
Fair use disputes arise frequently in content creation, journalism, education, and software development. Understanding fair use helps you make informed decisions about using others' content — and responding when someone uses yours. An IP attorney can evaluate whether a specific use is defensible or whether you need a license.