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What is 'fair use'? Does it allow me to use others' work for research or educational purposes?
Media stories often refer to 'fair use', particularly when they cover copyright court cases from the US.
'Fair use' is in fact a broad copyright concept that applies in the US but not in the UK. UK copyright law is quite different: it includes several copyright exceptions allowing you to use materials for specific purposes. For an overview of various exceptions, see the copyrightuser website.
Three of the UK copyright exceptions that are relevant to academic and research activities are:
When relying on these exceptions, for example to include an image in a research article or quote an extract in a dissertation, you should be prepared to justify your use of the material as 'fair dealing'. 'Fair dealing' is not defined in UK law. It depends on the context and on the relevant copyright exception. Guidance from the UK Intellectual Property Office states that the key question is "How would a fair minded and honest person have dealt with the work?" Important questions to consider are:
Could the economic interests (or other interests) of the copyright owner be damaged by your use of the work? Is it a substitute for purchase, for example, or will we be competing with the original work?
Are we using a greater proportion of the work than is reasonable and appropriate in the circumstances?
It is also vital to credit the author and source of any work that you use.
If you have specific questions on whether an exception is likely to apply, please contact copyright@ucl.ac.uk.