United StatesCopyright Act, fair use, 17 U.S.C. § 107
In force since .
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Categories
- Linking framing, TDM opt-out
What it requires
- You may reproduce copyrighted content without a license only where the use is fair use, which courts weigh on four factors: the purpose and character of the use (especially transformativeness), the nature of the work, the amount and substantiality taken, and the effect on the market for the original.
- Do not run commercial, non-transformative snippet aggregation that substitutes for licensed feeds: a court held that fails fair use (Meltwater).
- You may be able to rely on fair use for transformative indexing and limited display (Google Books, Perfect 10).
These lines are LexLint's reading of the law's text. Also read by: Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869 (U.S. ) (recorded ).
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://www.supremecourt.gov/opinions/22pdf/21-869_87ad.pdf
- Case citation
- Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869 (U.S. )
- Open questions
- Does an aggregator's display of excerpts of articles count as "news reporting" within section 107, or is that use judged only under the four statutory factors?
- How does a court weigh "the purpose and character of the use" under section 107(1) when an aggregator's commercial display of excerpts serves the same purpose as the original article?
What this law does
The federal fair-use statute is the primary framework for evaluating whether news aggregators, search engines, and AI training pipelines may reproduce copyrighted content without a license. Courts weigh four factors: purpose and character of the use (especially transformativeness), nature of the copyrighted work, amount and substantiality taken, and effect on the market for the original.
Commercial, non-transformative snippet aggregation that substitutes for licensed feeds fails fair use (Meltwater); transformative indexing and limited display may succeed (Google Books, Perfect 10).
How courts have read itPremium data
Our analysis of this law draws on 47 court rulings.
What each ruling held, what it means for an app, and whether it still stands are premium data, in the Plus, Pro and Enterprise plans.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
Back to the example · Lint your app
Page updated .