LibGuides: Copyright: Fair Use

The Four Factors

Fair Use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Most fair use analysis are usually either commentary and criticism or parody.

The material must meet the four factors in order to be considered Fair Use.

the purpose and character of your use
the nature of the work you are using
the amount and substantiality of the portion used
the effect of your use on the potential market

Fair Use Checklist
Easy to use work sheet to see if your use favors or opposes fair use.
Fair Use Evaluator
A tool to help you determine the "fairness" of using copyrighted material.

Additional Resources

Fair Use Best Practices for the Visual Arts
The Code describes common situations in which there is a consensus within the visual arts community about practices to which this copyright doctrine should apply and provides a practical and reliable way of applying it.
Fair Use FAQs for Professors
FAQs on Fair Use for Professors, put together by the Association of Research Libraries.
U.S. Copyright Office Fair Use Index
The Fair Use Index tracks a variety of judicial decisions to help explain the types of uses courts have previously determined to be fair—or not fair.