In the United States, a legal provision known as Fair Use allows use of copyright protected works for limited purposes in certain circumstances. Generally, four factors should each be considered and weighed as to whether the intended use favors fair use or not. It is important to note that there is no universal checklist or absolute formula to guarantee that fair use applies. The checklists, flowcharts, and guides out there should only be used as guides to the factors, not as a mathematical tally to give certainty. Determining fair use is a combination of art and science, informed decision making, and ultimately, a judgment call.
Factor 1: Purpose and character of the use:
| Favors Fair Use | Weighs Against Fair Use |
| Educational use, scholarship, non-commercial | Commercial use, for profit use |
| Transformative use (something new results from the use, some new value is added with use) | Wholesale use without adding to or changing the work used |
Factor 2: Nature of the work:
| Favors Fair Use | Weighs Against Fair Use |
| Work is factual in nature, less creative | Work is more creative in nature |
| Work is published | Work is unpublished |
Factor 3: Amount and substantiality of the work used:
| Favors Fair Use | Weighs Against Fair Use |
| Small(er) portion used | Large(r) portion used |
| Portion used is not a defining portion of the work | Portion used includes the defining portion of the work |
Factor 4: Effect of the use upon the potential market for or value of the copyrighted work:
| Favors Fair Use | Weighs Against Fair Use |
| Little potential harm for the market demand for the work | Greater potential for harm to the market demand for the work |
| Value of original work is largely unaffected | Value of original work is diminished |
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| CHAT ASSISTANCE | Open | Closed |
| Monday - Friday | 8:30 AM | 4:00 PM |
| PHYSICAL LOCATION | ||
| Monday - Friday | 8:30 AM | 4:00 PM |
