Copyright and Fair Use: Fair Use

Adapted from the University of Maryland Libraries' and Arizona State University Libraries' copyright guides.

Fair use (section 107 of U.S. Copyright Law) limits the exclusive rights of copyright holders "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research."

Determining Fair Use

Four factors are considered in determining fair use. No single factor is decisive; all four factors are considered.

1. What is the purpose of the use? Fair use favors uses that are nonprofit, educational, or personal. It does not favor uses that are commercial, for-profit, or for entertainment. Not all educational uses are fair use.
   1. ​The transformative nature of the use has become an important consideration for fair use evaluations. Three questions can help you determine if your use is transformative:
      1. Does the copyrighted material help you make your point?
      2. Will it help readers or viewers get your point?
      3. Have you used no more than is needed to make your point?
2. What is the nature of the work? Factual works are more likely considered available for fair use than creative works.
3. How much of the work will you use? Using a small amount generally favors fair use (however, a small amount can be considered too much if it can be considered the "heart of the work").
4. What effect will the use have on the potential market for, or value of, the copyrighted work? Fair use does not favor a use if it deprives the copyright owner income or a new or potential market.