Fair Use: Home
The Four Factor test for Fair Use
What is the PURPOSE or CHARACTER of use?
- Non-proft / teaching objective
- Use is not primarily for entertainment*
- Transforms the nature of the work (parody, review, commentary)
- Use will be limited/occasional
What is the NATURE of the Work?
- The work being used is not specifically sold or marketed for use in the educational market
- Non-fiction or a collection of facts (some use of fiction can be fair use, if the amount used is reasonable and meets other fair use criteria)
What is the AMOUNT of the work I am using?
- Limited excerpts, a small portion of the work
- The portion used is not the “heart of the work”
- Amount used achieves the educational purpose
What is the EFFECT of the work?
- Will be used with current students (password protected if online)
- Copy is lawfully acquired
- One or a few copies made
- No significant effect on the market or potential market for the work
- The copyrighted work is out of print, or the copyright owner is unidentifiable
Favoring Fair Use
Is it reasonable to conclude that, in balance, the factors surrounding the work you wish to use favor "Fair Use?"