Osborne Clarke – an International Legal Practice: Defending both creators and the public: will AI and the blockchain transform IP management?


The test for what is'fair' is a matter of degree and the impression the court forms of the defendant's conduct. Under the US fair use exception, copying a copyright work for purposes such as criticism, comment, news reporting, teaching, scholarship or research does not infringe copyright. In determining whether the use of a work is fair, factors such as purpose and character of the use, the nature of the work, the portion of the copyrighted work used and the effect of the use on the market for that copyrighted work must be considered. While the US and UK approaches appear very similar, the key difference is that the list of purposes which may be fair use in the US is non-exhaustive; UK law excepts only a short, exhaustive list. US courts have accordingly been free to apply the exception in a wide range of circumstances as long as the use is fair.