Copyright is not only about protecting artists. It is also about balancing creators’ rights with the public interest. For this reason, most countries include limitations and exceptions to copyright. These allow certain uses of artworks without the artist’s permission, provided that the use is limited, justified, and fair in context. In some countries, especially those with a common law tradition, these limitations and exceptions are known as “” or “”.
Typically, these uses must serve a specific purpose, stay limited in scope, and name the author and source where possible. These rules aim to support education, research, freedom of expression, and cultural exchange, while still respecting artists’ legitimate interests.
The Three-Step Test
When the law allows artworks to be used without permission, it does not do so freely or without limits. Around the world, these uses are usually assessed using a shared international standard known as the three-step test.
In simple terms, a use without permission is acceptable only if all three of the following conditions are met:
the use is for a specific and limited purpose, not a broad or open-ended one (“certain special cases”);
the use does not replace the artist’s normal income, meaning it does not compete with the usual ways the artwork is sold, licensed, or exhibited (“conflicting with normal exploitation of the work”);
the use does not unfairly harm the artist’s legitimate interests, including their economic interests and, in some cases, their reputation (“prejudice legitimate interests”).
The three-step test functions as a global safety net. It allows certain socially valuable uses of art, such as for education, research, or commentary, while helping to ensure that these uses do not undermine the value of creative work or the position of artists.
Common Types of Limitations and Exceptions
Although the exact rules vary from country to country, many legal systems recognize broadly similar categories of limitations and exceptions. These define situations in which artworks may be used without the artist’s permission, as long as certain conditions are met and the use remains limited and justified.
Common types of limitations and exceptions typically include:
and , allowing parts of an artwork to be shown or discussed for purposes such as reviews, art history, or commentary;
teaching and educational use, covering uses in classrooms, lectures, presentations, textbooks, and academic materials;
, , and , where an artwork is reused as part of creative commentary, humor, or social critique;
research and study, including uses for scholarly analysis or non-commercial research purposes;
library, archive, and museum uses, such as preservation, restoration, cataloguing, and, in some cases, public access;
news reporting and public information, where artworks appear incidentally or as part of reporting on current events;
temporary or technical copies, for example copies made as part of digital transmission or platform functioning;
uses for people with disabilities, allowing artworks to be adapted into accessible formats;
text and data analysis, including certain forms of automated analysis of visual materials;
, which in some countries allows artworks permanently located in public spaces, such as buildings, sculptures, or street art, to be photographed, filmed, or depicted without permission.
Not all countries recognize all of these categories, and the scope of each exception varies.
Uses under limitations and exceptions are part of the everyday ecosystem of art. They are the rules that allow certain uses of artworks without permission in specific situations, where society’s interest in access, learning, or expression—for example, through commentary, criticism, or parody—is considered alongside the artist’s rights.
The uses of artworks under limitations and exceptions are meant to be limited and purposeful. They are not designed to replace exhibitions, sales, licenses, or commissions. A use that stays closely tied to a specific goal, such as explaining, commenting on, or preserving an artwork, is more likely to fall within an exception than one that is broad, open-ended, or unconnected to that goal. A commercial dimension does not automatically rule out an exception either: some quotation, parody, and other exceptions can still apply in commercial contexts, depending on the jurisdiction.
Credit image: yzhensiang