What is Fair Use? 

Fair use is a legal concept that permits the limited use of copyrighted material without obtaining permission. It plays a crucial role in activities such as criticism, commentary, research, and teaching. This principle encourages creativity and the free exchange of ideas while also upholding the rights of copyright holders. The fair use doctrine is how teachers and museums can access other's work for educational and cultural purposes. 

The four factors courts use to determine whether an unauthorized use of a copyrighted work  is fair use are: 

1. The nature of the copyrighted work - what kind of thing it is (like a book, a movie, or a song). 

"Using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair" ("Fair Use," n.d., para. 2).

2. The purpose and character of the use - what you're trying to do with it (like if you're just using it for fun or for making money). Most courts will likely think it's more likely to be fair use if the purpose is for educational and noncommercial purposes, but this does not mean that all the educational and noncommercial uses are fair. The courts will check the case as it comes and carefully understand and balance the case before making a decision.  ("Fair Use," n.d., para. 1).

3. The amount and substantiality of the portion used compared to the whole thing - how much of it you're using and if it's a really important part. The courts look at how much of the material was copied. If a large amount of the material was used the courts are less likely to find it to be fair use. However, the courts review each case differently depending on what it is about. ("Fair Use," n.d., para. 3).

4. And lastly, the impact of the use on the original work's market - will using it make people buy less of the real thing or not want to support the person who made it? “Courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.” ("Fair Use," n.d., para. 4).

Courts consider these four factors on a case-by-case basis, taking all specific facts and circumstances of a situation into account. Of course, no single factor alone would determine the outcome because they carefully balance each one about the overall purpose and nature of the use. This will help them determine whether the use is fair under copyright law. 

Fair use is an important aspect of copyright law. It is flexible enough to align changing society's needs while still having its core principles for defending intellectual property rights. That means it allows different people, such as students, artists, and writers, to use copyrighted material in a way that promotes public discussions, fosters creativity, and benefits all people. It is a tool that is fair and allows knowledge sharing and creativity.

Regarding choreography, there are not as many fair use cases as there might be in other forms of creative expression. This is because making transformative use of choreography and how it might affect the market for the original work is quite difficult to do. Still, there are some circumstances in which fair use would apply: such as in nonprofit educational uses, criticism, or commentary. Whether or not fair use will apply to cases of choreography depends on the facts of each case and how those facts fall out under the four factors outlined in the law and previous.

Some examples of fair use are:

-Educational purpose: Dance educators or instructors can use copyrighted choreography as part of their teaching materials to demonstrate styles, techniques, or historical influences. This use of choreography is generally considered appropriate under copyright law, as it contributes to the dissemination of knowledge and serves a non-commercial purpose.

-Critical commentary purposes: Analyzing and discussing copyrighted dance performances with critical commentary, insights, or interpretations of the choreography's significance by writing a review in the press, a scholarly article, or an online video.