What is the difference between copyright and fair use, and how should journalists apply it?

• A. Copyright protects creators; fair use allows limited use for criticism, comment, news reporting, teaching under statutory criteria; apply by using only necessary portions, provide attribution, seek permissions when feasible, and document rationale.
• B. Fair use is unlimited.
• C. Copyright is not applicable to multimedia content.
• D. Fair use always requires permission.

Answer: (A)

Copyright protects creators’ exclusive rights to their works, while fair use is a narrow exception that lets journalists use small portions for purposes like criticism, commentary, news reporting, or teaching when it meets specific criteria. In journalism practice, fair use is applied by using only what is necessary to tell the story, giving proper attribution, seeking permission when feasible, and documenting the rationale for the use to show it fits the exception.

The decision hinges on four factors: the purpose and character of the use (is it for news reporting or is the use transformative in a way that adds new meaning?), the nature of the original work (factual versus highly creative works), the amount and substantiality of the portion used, and the effect of the use on the market for the original (could it substitute for the original or harm its market). Brief clips or quotations that illuminate a story can often be fair use; longer or more central uses may not.

Remember, fair use is not unlimited, and copyright does apply to multimedia content. Fair use does not always require permission, though obtaining permission is wise when feasible and especially for longer or more impactful uses.