A Note on Fair Use

"Fair use" is a phrase that often arises in conversations about copyright and the arts. Some of the mainstream use of the term, which leans towards a philosophical or political stance, indicates that there is a bit of confusion about what "fair use" means in practical terms. In the world of copyright law, "fair use" denotes a statutorily defined legal standard. See 17 U.S.C. § 107. "Fair use" is an affirmative defense. In other words, it is the defense an alleged copyright infringer presents after a lawsuit has been filed against them. A court decides whether a particular use is "fair" by weighing 4 factors, which are defined in the previously mentioned statute. 

Thus, those integrating elements of copyrighted works into their own artwork, recordings or films should be aware that any reliance on "fair use" arguments does nothing to prevent them from having to spend money in order to defend a copyright infringement suit. As the saying goes, "tell it to the judge."