In the United States, there is a legal doctrine called Fair Use that allows for the adaptation of copyrighted material under certain circumstances. This allows for commentary, criticism and parody on copyrighted work without the owner’s permission. Any of these purposes are considered “transformative”, and go beyond simply taking and displaying the original material. There is substantial debate about what falls under Fair Use, but four factors are taken into consideration when it turns into a legal matter.
| Purpose and character of the use | Fair Use encourages the advancement of the arts. Material adapted for intentions such as parody, fanfiction, and educational purposes will have a higher likelihood of being protected by Fair Use. |
| Nature of the copyrighted work | Some content simply belongs in the public domain and can't be rightfully copyrighted by an individual or company. Things like facts and basic ideas can't be claimed. If a company's website consists of a red bar down the left side of the screen, they can't keep all web designers from using a red bar in their design. |
| Amount and substantiality | Typically, the less material adapted, the better, but the substance of what is taken and used is considered as well. You can take three lines from an eighty-line poem, but if they're the main idea or the theme of the poem, it is more likely to be considered infringement. |
| Effect upon work's value | If the potential offender's creation is acting as a duplicate (or duplicated purpose) of the original, it can render the original less necessary or useful. This potentially hurts its current and future marketability. However, direct negative criticism, such as parodies or bad reviews, are not protected by this factor, even though it could theoretically hurt marketability by tarnishing a work's reputation. Not allowing this type of criticism would go against one of the main points of having Fair Use. |
