What Fair Use Means
Fair use (called fair dealing in some countries) is a legal doctrine that permits limited use of copyrighted material without permission in specific circumstances, such as criticism, commentary, news reporting, teaching, or research.
How Courts Weigh Fair Use
Fair use is decided case by case. Common factors include:
- The purpose of the use (commercial vs educational, and whether it is transformative)
- The nature of the original work
- The amount used relative to the whole
- The effect on the market for the original
Why It Rarely Helps Music Releases
Releasing a song commercially to streaming services is almost never fair use. You are distributing the work for profit and offering it as a substitute in the same market, which weighs against fair use. Do not rely on fair use as a reason to release music containing uncleared samples, interpolations, or covers.
The Safe Approach
- Release only music you own or have properly licensed.
- Clear any borrowed elements before distribution.
- If you believe fair use applies to an unusual project, get advice from a qualified entertainment lawyer first.
InterSpace cannot provide legal advice on whether a specific use qualifies as fair use.