The concept of “fair use” isn’t often addressed, but it’s important. That’s because if you violate fair use constraints you might end up on the wrong end of a lawsuit and accused of plagiarism. Besides the legal hassle, accusations of plagiarism damage a writer’s reputation. Fair use laws are somewhat complicated, but this article will help you understand the basics.

First, let’s back up a step. Most writing needs research. Even some fiction writers conduct research because they want to be historically accurate to maintain credibility. So, before you write, and as you write, you’ll be conducting research and using, and maybe even quoting from, some of your sources. That’s fine. That’s why it’s called “research.”

But how much material can you use without being accused of plagiarism? Copyright law says you're entitled to "fair use" of another writer's material. But how much is fair use? The term cannot be precisely defined because of the unknowns. It depends on what you're quoting from, how much material you're quoting, and other variables. Here is what the U.S. Copyright Office says about fair use:

"The fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching . . . scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work."

So, as you see, it can be difficult to determine if the material you’re using is fair use or plagiarism.

One point to remember: Most government-sponsored material is fair game for your use. The reason is obvious—you paid for it! (“You” means, of course, your tax dollars. That’s why I could quote from a U.S. government site in this article.) Ethics still requires you to reference your source, of course.

Your best bet when quoting from another writer's work is to write to the copyright holder and ask permission. You'll need to tell the author or publication what you're writing and what material you'd like to use. Be specific. Say something like "The passage on page 15 starting with "The beginning of" and ending with "the end of." Sometimes the copyright holder says, “Sure, that’s fine.” Other times he or she may say, “Okay, but please give me credit” (which is an ethical practice anyway.) But the copyright holder may say, “Sorry, no.” All you can do is ask. The copyright holder may or may not charge you a fee to quote the material.

A good web site to check out is: www.copyright.gov/fair-use. Be sure to click on the “More Information on Fair Use” link, too.