Fair use on Wikipedia refers to the limited use of copyrighted material on the platform without requiring direct permission from the copyright holder, based on United States law. It's a crucial doctrine that allows for the inclusion of certain non-free media and content, primarily for educational and encyclopedic purposes, where a truly free alternative is not available.
Understanding Fair Use in Copyright Law
Fair use is a legal doctrine in the United States that permits the use of copyrighted material without having to first acquire permission from the copyright holder, under specific circumstances. It acts as a defense against claims of copyright infringement, acknowledging that certain uses of copyrighted works, particularly for purposes like criticism, comment, news reporting, teaching, scholarship, or research, should not be considered infringement.
The Four Factors of Fair Use
When determining whether a use is fair, courts typically consider four key factors. These factors are balanced against each other, and no single factor is decisive on its own.
| Factor | Description |
|---|---|
| 1. Purpose and Character of the Use | Is the use transformative (adds new meaning or purpose)? Is it commercial or non-commercial? Is it for criticism, education, research, or parody? Non-commercial and transformative uses are more likely to be considered fair. |
| 2. Nature of the Copyrighted Work | Is the original work factual or creative? Published or unpublished? Using factual, published works is generally more likely to be fair than using highly creative or unpublished works. |
| 3. Amount and Substantiality of the Portion Used | How much of the copyrighted work was used in relation to the whole? Was the "heart" or most significant part of the work taken? Using a small, necessary portion is more likely to be fair than using a large, unnecessary portion. |
| 4. Effect of the Use Upon the Potential Market | Does the new use harm the market for or value of the original copyrighted work? Does it act as a substitute for the original? If it significantly impacts the copyright holder's ability to profit from their work, it's less likely to be fair. |
Fair Use Policy on Wikipedia (Non-Free Content Policy)
Wikipedia, as a project aiming for freely reusable content, interprets and applies the fair use doctrine very strictly through its Non-free content policy (NFCC). The platform's primary goal is to host content that is either in the public domain or licensed under free licenses (like Creative Commons Attribution-ShareAlike), allowing anyone to reuse and modify it. Fair use is considered an exception and a last resort.
Key Requirements for Non-Free Content on Wikipedia
To use copyrighted material under fair use on Wikipedia, all ten of the project's non-free content criteria must be met. These criteria go beyond the legal requirements for fair use, reflecting Wikipedia's commitment to free culture. Key aspects include:
- Minimal Use: The content must be used only to the extent necessary to achieve the specific encyclopedic purpose.
- Purpose: Its sole purpose must be for identification, critical commentary, or education within a specific article. Decorative or aesthetic uses are not permitted.
- Replaceability: There must be no free equivalent available or creatable that would serve the same encyclopedic purpose. If a free image or media can be created, fair use is generally not allowed.
- Contextual Significance: The non-free content must significantly contribute to the understanding of the article's subject and be discussed within the text.
- Source and Licensing: The source of the content, copyright holder, and a detailed "fair use rationale" explaining why its use meets all NFCC criteria must be provided.
- Resolution/Quality: Non-free images and media must be of low resolution or quality suitable only for identification or commentary, and not for reuse that would infringe copyright.
- Restricted Usage: Non-free content is typically allowed only in the main article namespace and generally limited to one non-free item per article, unless multiple items are essential for understanding.
Common Examples of Fair Use on Wikipedia
When used strictly according to the policy, certain types of non-free media are commonly found on Wikipedia:
- Album covers, book covers, and movie posters: Used in articles about the album, book, or film itself, primarily for identification and to provide visual context.
- Company and organizational logos: Used in articles about the respective companies or organizations for identification.
- Screenshots from software or video games: Used to illustrate a specific feature or aspect of the software/game discussed in the article.
- Historical photographs: If the subject cannot be re-photographed (e.g., a person who died, a demolished building) and the image is essential to the article's understanding, with no free alternative.
- Short audio or video clips: Used to illustrate a musical piece or a scene from a film that is critically discussed in the text, usually very brief excerpts.
What is Generally NOT Fair Use on Wikipedia?
Due to Wikipedia's strict policies and preference for free content, many uses that might be considered fair use in other contexts are generally not allowed:
- Decorative images: Any non-free image used purely for aesthetic appeal without significant encyclopedic justification.
- Images of living people: Unless it's a unique historical image (e.g., a legally obtained mugshot where no free alternative exists, and it's central to discussing a specific event). Generally, photos of living people are expected to be replaceable with free images.
- High-resolution media: Non-free images or media that are higher resolution than necessary for their encyclopedic purpose.
- Extensive text excerpts: Copying large portions of copyrighted books, articles, or lyrics.
- Multiple non-free items for the same purpose: For example, including multiple album covers in a discography section when one cover would suffice for identification.
Importance and Limitations
While fair use provides a valuable legal defense, its application is often complex and subject to interpretation. On Wikipedia, the stringent non-free content criteria ensure that fair use is applied as conservatively as possible, prioritizing freely licensed content to maintain the encyclopedia's mission of providing freely reusable knowledge. Editors are encouraged to always seek or create free alternatives before resorting to fair use.
