Copyright & Fair Use Cheat Sheet

Copyright and fair use guide — what's protected, fair use factors, public domain, Creative Commons, DMCA, and practical guidelines for content creators.

Last Updated: July 15, 2025

Copyright Basics

ConceptExplanation
What's protectedOriginal creative works fixed in tangible form — text, images, music, code, video
What's NOT protectedIdeas, facts, titles, short phrases, works by US government
DurationLife of author + 70 years (US). After that: public domain.
RegistrationCopyright exists at creation — registration is optional but needed to sue

Fair Use — 4 Factors

FactorQuestions Courts Ask
Purpose & characterTransformative? Nonprofit/educational? Commercial use weighs AGAINST fair use.
Nature of workFactual (more likely fair) vs creative/fictional (less likely)
Amount usedSmall portion? Is it the "heart" of the work? Less is better.
Market effectDoes your use replace the original? If yes, almost certainly NOT fair use.

Creative Commons Licenses

CodeMeaning
CC BYUse freely, must give credit
CC BY-SACredit + share adaptations under same license
CC BY-NCCredit + non-commercial use only
CC0Public domain dedication — no restrictions
Pro Tip: Fair use is a defense, not a right. There's no magic word count or percentage that makes something 'fair use.' Courts evaluate all four factors case by case. If you're making money from someone else's work, assume it's NOT fair use until a lawyer tells you otherwise.
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