Section 107 of the Copyright Act specifically allows for limited use of copyrighted material without prior permission within the scope of ‘fair use’ when material is used for research, informational and educational purposes.
Fair Use is a doctrine in United States copyright law that allows for limited use of copyright material without requiring permission from the rights holders, for such purposes as commentary, criticism, scholarship, research, and teaching. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under consideration of a four-factor balancing test which includes purpose, nature, scope or substantiality, and impact on the author/market.
Fair dealing, a provision of the South African Copyright Act, has similarities to the ‘fair use’ doctrine in that a literary work will not be considered infringed upon if used for the purposes of research and education, and provided that the source and name of the author is mentioned.
Notwithstanding that some of the iNous products and services are created and shared for commercial purposes, the ultimate goal of our institute is towards promoting creativity and innovation for the general good, and making certain information available to the general public for educational and research purposes. We therefore feel confident that our use of some copyrighted materials on this site and our associated platforms constitutes ‘fair dealing’ and ‘fair use’ according to the four-factor balancing test.
Wherever necessary and possible, we submit queries to copyright holders or their representatives requesting permission to use their material.
If your copyrighted material appears on our site or associated platforms and you disagree with our ‘fair use’ evaluation, please contact us.
If you would like to use any of our products, services or content for your own ‘fair use’ educational or promotional purposes, please contact us with a detailed enquiry.
We welcome any suggestions that will support us to enhance our relevance, transparency, and fair use practises.