Wisconsin Injuries

FAQ Glossary Resources
Espanol English
Definition

copyright fair use

Can you use part of somebody else's copyrighted work without getting permission? Sometimes yes. Copyright fair use is a rule in federal law that allows limited use of protected material for certain purposes, like criticism, comment, news reporting, teaching, research, or parody, without it automatically counting as copyright infringement. Courts usually look at four things: why the material was used, what kind of work it is, how much was taken, and whether the use hurts the market for the original. The basic rule comes from the Copyright Act of 1976, 17 U.S.C. § 107.

Practically, fair use is not a free pass. Using a small clip, photo, chart, or excerpt can still create risk if the use is mostly commercial, copies the "heart" of the work, or replaces the original. The safest move is to use only what is truly needed, give clear context, and get permission when the use is close to the line.

For an injury claim, this can come up with accident photos, security footage, medical illustrations, or news clips used in a demand package, on a law firm website, or in court filings. Quoting or showing limited material to explain a crash - such as a pileup during whiteout conditions on I-94 - may be easier to defend than reposting full copyrighted content for promotion. Fair use can be a defense, but it is decided case by case.

by Karen Halverson on 2026-03-22

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

Speak with an attorney now →
← All Terms Home