LibGuides: Copyright &amp; Fair Use: Fair Use

Section 107: Fair Use

Fair Use (17 U.S.C. 107) provides us with the ability to use portions of copyright works for the purpose of teaching, researching, news reporting, criticism and commentary. Congress deliberately created fair use to be flexible so that it could apply to many different situations.

Use in other circumstances than those provided above would be considered infringement.
Fair use allows us to share ideas and advance knowledge.
Each application of fair use must be examined on a case-by-case basis.

Fair Use Checklist: Columbia University
The Fair Use Checklist and variations on it have been widely used for many years to help educators, librarians, lawyers, and many other users of copyrighted works determine whether their activities are within the limits of fair use under U.S. copyright law (Section 107 of the U.S. Copyright Act).
Fair Use Evaluator
A tool for librarians and educators used for determining the application of fair use.

Four Factors

When determining whether use is under Fair Use or not, you must consider the following factors:

Factor One: The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes.

Nonprofit educational use is heavily favored over commercial use
Transformative uses carry a lot of weight.

Factor Two: The nature of the work; this explores the characteristics of the work being used.

Fiction vs. non-fiction
Published vs. not published
Consumable

Factor Three: The amount of substantiality of the portion used

This factor considers the quantity and quality of the work being used.
"There are no absolute rules as to how much of a copyrighted work may be copied and still be considered fair use." -- Maxtone-Graham vs. Burchael (see the 'Resources' column on this page for examples).

Factor Four: Effect on the Market

Is your use resulting in lost revenue for the rights holder?
- This occurs when use replaces sale of the work.
- This factor often carries a lot of weight, especially when looking at commercial uses.
- Can weigh in favor if the use is transformative (mash-ups, parody, etc.)
Best practice of this factor: Consider the amount needed to serve the purpose of the use in relation to the work being used. This is a judgment call, and one you must be prepared to justify should your use of the work ever come into question.
- If straight copying or quoting: less is always better
- If it is transformative use, you can usually justify more.