Fair use is a judicially formulated concept which allows persons other than the copyright owner to use copyrighted material without permission. The present comment sets forth the rather unsettled case law definition of fair use, and recommends an analyser for delineating the relationship between fair use and an equally amorphous copyright concept, substantial similarity. This delineation is then assessed in light of the codification of fair use proposed in the copyright legislation now pending before Congress.

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