Finding and Using Images in Publications: Fair Use

Generally, four factors are considered when determining if use of copyrighted material can be considered fair use:

• Purpose of use (is it transformative?). How different is the new work? Is there new expression or meaning? Has value been added to the original work through new interpretations, insights, criticism, commentary, or by adding additional information?
  • This can include parody, but only when it transforms the original by holding it up to ridicule.
  • Educational uses, including research, can often be considered fair use because the copyrighted work is the subject of review or commentary.
• The nature of the copyrighted work. Creative works are more protected by copyright law than factual works (e.g., biographies, encyclopedias). In addition, fair use favors published works more than unpublished works because it is generally believed that authors have the right to determine when to publish their work.
• Amount of work being used. Generally, using a small amount of a copyrighted work better supports a claim of fair use than use of a large portion of the work. However, even using a small amount of work can be problematic, especially if it is considered the central point/focus of the work.
• Impact on the market. This factor considers how the proposed use will impact the market of the original work. Generally, the more restricted the use of the new work, the less impact on the market of the original work.

Learn more about the four factors of fair use at http://fairuse.stanford.edu/overview/fair-use/four-factors/