Fair use
In United States copyright law, fair use is a limitation on the copyright holder’s exclusive rights. Section 107 provides a framework for considering whether a particular use can occur without permission. The conclusion depends on the facts and relevant law; calling a project research, transformative, or AI training does not decide the question by itself.
How it works
The statutory framework considers the purpose and character of the use, the nature of the copyrighted work, the amount and significance taken, and the effect on the potential market or value of the work. Courts weigh the circumstances together rather than applying a fixed percentage or word-count rule.
The Copyright Office’s Fair Use Index explains the framework and summarizes decisions. A useful legal review identifies the actual material, copying, purpose, outputs, and market context, then examines applicable decisions. This entry describes the general U.S. framework and does not state an outcome for any AI training dispute.
Why it matters for licensing
A proposed license and a possible fair-use position are different legal questions. A recipient may seek express permission to define a commercial relationship even where exceptions are debated. Fair use also does not automatically settle privacy, contract, confidentiality, or other rights issues.
Example
Fictional example: A company asks whether it can reuse purchased manuals in a commercial model-training project. Its lawyer evaluates the proposed copying and use under U.S. copyright law rather than treating the purchase of the manuals or the “research” label as a complete answer.
Limitations and misconceptions
Other jurisdictions have different exceptions and requirements. U.S. fair-use analysis is fact-specific and can change with relevant court decisions. The sources were checked on the listed access date; the reviewer/date shown on a published entry must reflect an actual completed review.
Questions to ask
- Which jurisdiction and specific acts of copying or reuse are involved?
- How do the four factors apply to this material and proposed use?
- Which separate contractual, privacy, or confidentiality obligations remain?