What is the purpose of a fair use defense?

The purpose of a fair use defense is essentially to provide a legal framework that allows for the use of copyrighted material without the need to pay royalties or seek permission from the copyright holder, under certain circumstances. This principle is rooted in the idea of promoting creativity and the exchange of ideas by permitting some limited and transformative use of a work, which is deemed beneficial for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

In determining whether a use qualifies as fair use, courts will weigh several factors, including the purpose and character of the use (commercial or educational), the nature of the copyrighted work, the amount of the work used, and the effect of the use on the market value of the original work. Thus, the fair use defense serves not only as a means of protecting freedom of expression but also helps balance the interests of the original creators and the public good.