Fair use is a judge-created doctrine dating back to the nineteenth century and codified in the 1976 Copyright Act.
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We have provided the full legal citation, however, allowing those who wish to read the actual decisions to access them through free online resources (such as Google Scholar and Justia), commercial databases (such as Westlaw and LEXIS), or the federal courts’ PACER electronic filing system, available at Although the Fair Use Index should prove helpful in understanding what courts have to date considered to be fair or not fair, it is not a substitute for legal advice. It does not include the court opinions themselves. The Index ordinarily will reflect only the highest court decision issued in a case. You may browse all of the cases, search for cases involving specific subject matter or categories of work, or review cases from specific courts. For each decision, we have provided a brief summary of the facts, the relevant question(s) presented, and the court’s determination as to whether the contested use was fair. The Fair Use Index is designed to be user-friendly.
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The Copyright Office will update and expand the Index periodically. Please note that while the Index incorporates a broad selection of cases, it does not include all judicial opinions on fair use. Supreme Court, circuit courts of appeal, and district courts. The decisions span multiple federal jurisdictions, including the U.S. The Fair Use Index tracks a variety of judicial decisions to help both lawyers and non-lawyers better understand the types of uses courts have previously determined to be fair-or not fair. The goal of the Index is to make the principles and application of fair use more accessible and understandable to the public by presenting a searchable database of court opinions, including by category and type of use (e.g., music, internet/digitization, parody). This Fair Use Index is a project undertaken by the Office of the Register in support of the 2013 Joint Strategic Plan on Intellectual Property Enforcement of the Office of the Intellectual Property Enforcement Coordinator ( IPEC). Fair use is a longstanding and vital aspect of American copyright law. For instance, if you know the quotation is from a work of fiction or from a memoir, try searching digitized books rather than using a general search engine.Welcome to the U.S. Use "scoping," or limiting the sources you are searching to a particular category, to find certain types of quotations. If you are generating a lot of irrelevant results, you can use the minus sign (-) in many search engines to eliminate results with specific words (e.g., Bears -Chicago will eliminate results with the word Chicago and filter out information about the football team). Check the help section of the search engine or database to find the correct wildcard. Wildcards vary by search engine or database in Google, use an asterisk (*). If you are unsure of the entire phrase or are trying to find all forms of a quotation, using a wildcard will return variations (e.g. Use a wildcard to specify unknown and variable words.Break up long quotations into shorter phrases to increase the likelihood of finding the correct quotation, and choose unique key words and phrases that best define what you're looking for. It's possible that the version of the quotation you start with, even if widely quoted, can include one incorrect or missing word don't assume you have the quotation verbatim. Break your quotation into smaller phrases.Enclosing a phrase in quotation marks will return results with the words you searched exactly how you typed them in order. When using an online search engine, we recommend that you: Library of Congress Prints & Photographs Division. Researchers at work in the Main Reading Room of the Library of Congress, view towards reference book alcoves.
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