Online Teaching Resources Library Guide: Fair Use

Fair use is the right, in some circumstances, to use copyrighted material without asking permission or paying for it.

Four factors are considered in all fair use evaluations. They are:

1. Purpose & character: Generally, educational, nonprofit, personal, and “transformative” uses (using the original work for a new and different purpose) are favored as fair uses.
2. Nature of the work: Generally, published works and factual, non-fiction works are more likely to qualify for fair use.
3. Amount: Generally, the less of a work you use, the more likely it is to fall under fair use.
4. Market Effect: Generally, the less economic harm to the creator or copyright owner, the more likely it is to fall under fair use.

These four factors are not meant to be exclusive and must be examined together. The statute does not indicate how much weight is to be accorded each factor;  therefore, it is advisable to treat the four factors equally.