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This Fair Use Index is a project undertaken by the Office of the Register in support of the 2013 Joint Strategic Plan on Intellectual Property Enforcement of the Office of the Intellectual Property Enforcement Coordinator (IPEC).
The Fair Use Index tracks a variety of judicial decisions to help both lawyers and non-lawyers better understand the types of uses courts have previously determined to be fair—or not fair.
The Index ordinarily will reflect only the highest court decision issued in a case. We have provided the full legal citation, however, allowing those who wish to read the actual decisions to access them through free online resources (such as Google Scholar and Justia), commercial databases (such as Westlaw and LEXIS), or the federal courts’ PACER electronic filing system, available at
The decisions span multiple federal jurisdictions, including the U. Supreme Court, circuit courts of appeal, and district courts.
Please note that while the Index incorporates a broad selection of cases, it does not include all judicial opinions on fair use.
Fair use is a judge-created doctrine dating back to the nineteenth century and codified in the 1976 Copyright Act.
Both the fact patterns and the legal application have evolved over time, and you should seek legal assistance as necessary and appropriate.
For each decision, we have provided a brief summary of the facts, the relevant question(s) presented, and the court’s determination as to whether the contested use was fair.
You may browse all of the cases, search for cases involving specific subject matter or categories of work, or review cases from specific courts.