News You Can Use: How Fair Use Keeps Us Informed Online
From scrolling through your feed reading up on the day’s most important events to watching a YouTuber break down the latest happenings around the world, these are everyday moments of sharing and engaging with information online. But they wouldn’t be possible without a critical (and often misunderstood) principle of U.S. copyright law: fair use.
An essential aspect of copyright policy, fair use allows us to engage with content online and share information with friends, family, and followers. During critical times in history, this doctrine has been and continues to be central to keeping us informed and connected. But how does fair use allow for this, and how does it protect information and news online?
The fair use doctrine allows the limited use of copyrighted material without mandating permission from rights holders, in the case of news rights holders would be news publishers, whether individuals writing on their blogs, creators crafting informative video or audio content, or organizations engaged in both print and digital media. Working together to strike a balance that is essential for news and journalism and that values both creators’ rights and the public’s need for information access, the four factors that determine fair use include:
- Purpose and Character of the Use
- Type of the Copyrighted Work
- Amount of the Work Being Used
- Effect on the Potential Market
Fair use precedent has made the internet what it is today, by protecting the ability to share links and snippets of news articles, commentary that includes clips, images, quotes, and educational content that integrates such resources. This enables transformative uses and empowers people to contribute to conversations, especially online, in meaningful ways.
Although fair use is a doctrine that only applies to a handful of countries including the U.S., its intent carries important implications for discourse on freedom of expression online. Some other countries have a related fair dealing framework and may rely on other specific copyright exceptions, as well as critical international obligations like the right to quote. Past precedents in both the U.S. and similar cases abroad provide crucial support in the fight against proposals and regulations that hinder information sharing online. These kinds of policies include Canada’s Online News Act, Australia’s News Media Bargaining Code and Incentive, and varying other proposals at the state, federal, and international levels.
The flow of information online relies on a balance between both rights holders and those who use fair use on the internet. These roles aid in fostering creativity and information sharing by encouraging original content and allowing for the expansion of that content through transforming, critiquing, and finding ways to repurpose it. But these roles aren’t so rigid, individuals and organizations often take on both in their operations online. This fosters the collaborative nature of information sharing through the production and evolution of content, creating the internet that we all recognize and utilize today.
As the debates around copyright laws continue, it’s essential to understand how changes could impact fair use and those impacts on fair use could impact news. If copyright protections become too inflexible, they could undermine the free flow of online information supported by the fair use doctrine. It could even make it more difficult for individuals to provide commentary or information on the news we’ve come to know and appreciate during our time online. By supporting this essential policy, we will ensure that the news we use and the ways we use it will continue to be a foundation for an engaged and connected society.
