Can you use part of someone else's copyrighted work without getting permission? Sometimes, yes. Copyright fair use is a rule in federal law that allows limited use of protected material for certain purposes, such as criticism, commentary, news reporting, teaching, scholarship, or research. Under the Copyright Act of 1976, 17 U.S.C. § 107, courts look at four main factors: why the work was used, what kind of work it is, how much was taken, and whether the use harms the market for the original. Fair use is not automatic, and there is no exact word count or bright-line rule.

Practically, fair use can come up when someone quotes from an article, reposts part of a video, or uses a photo in a discussion or report. A small excerpt used to explain or comment on something may be allowed, while copying the heart of a work for a commercial purpose may not be. Context matters a lot, and the same use can be fair in one situation but infringing in another.

In an injury claim, fair use may matter if a lawyer, journalist, or website uses accident photos, dashcam clips, medical illustrations, or news footage while discussing the case. A dispute over copyright infringement can complicate how evidence or public reporting is handled, even when the underlying personal injury claim is separate. South Dakota does not have its own special fair use rule; this issue is governed mainly by federal copyright law.