What is De Minimus Use?

• A. A type of license with minimal fees.
• B. The taking of a major portion of a copyrighted work.
• C. The taking of an insignificant amount of a copyrighted work - an amount so small or trifling that no harm was done, even though no permission was received.
• D. A fair use exception restricted to music.

Answer: (C)

De minimis use is the idea that copying a work so small or trivial that it causes no real harm is not treated as infringement, even if no permission was obtained. The law doesn’t chase every bite-sized infringement; if the portion taken is insubstantial enough, it’s considered too minor to warrant liability. This concept helps explain why tiny, incidental uses—things that don’t affect the market or value of the work—aren’t treated the same as bigger, material copies.

This is distinct from a license, which is formal permission to use the work. It’s also separate from fair use, which is a multi-factor defense used for broader, more impactful uses that might still qualify for permissionless use. And it applies to more than just music; any copyrighted work can be involved if the use is truly insignificant.

So the best description is the one that defines de minimis use as an insignificant amount of a copyrighted work—trifling in size or impact, with no harm to the rights holder, even without permission.