Is non-commercial use automatically fair use?

Is non-commercial use automatically fair use?

• A. Yes
• B. No
• C. Sometimes
• D. Only if the work is old

Answer: (B)

Non-commercial use is not automatically fair use. Fair use is determined by weighing four factors in a case-by-case way, and the fact that the use is non-commercial only one element of the analysis. A use that is non-commercial can still fail fair use if, for example, it copies a large portion of the work, is not transformative, or harms the market for the original. Conversely, a commercial use can sometimes be fair use if it is highly transformative or otherwise weighs strongly in the other factors. The age of the work (whether it’s old) is not a standalone guarantee of fair use; it’s only one part of how the factors are weighed. So, non-commercial use does not automatically equal fair use.

Non-commercial use is not automatically fair use. Fair use is determined by weighing four factors in a case-by-case way, and the fact that the use is non-commercial only one element of the analysis. A use that is non-commercial can still fail fair use if, for example, it copies a large portion of the work, is not transformative, or harms the market for the original. Conversely, a commercial use can sometimes be fair use if it is highly transformative or otherwise weighs strongly in the other factors. The age of the work (whether it’s old) is not a standalone guarantee of fair use; it’s only one part of how the factors are weighed. So, non-commercial use does not automatically equal fair use.