What Is Fair Use?

Fair Use refers to the right to use a copyrighted work without the copyright owner’s permission. In this context, “use” might mean to make a copy or photocopy, to paraphrase, to quote, to record, etc. Such usage is exempt from the copyright holders' granted rights.

Educational or research usage typically falls under Fair Use, especially in the traditional face-to-face classroom environment. There are additional exemptions in Section 110 specifically for a distance learning environment (e.g., Blackboard/Vista). See What Is Exempt from Copyright Holder Rights? if your educational or research usage does not qualify for an exemption under Fair Use.

There are four areas of usage that are likely candidates for the fair-use exemption.

• Criticism and/or Comment
• Scholarship and/or Research
• Teaching and/or Preparation for teaching
• News reporting

The Four Factors of Fair Use

Four factors are considered by the Court for judging the merit of a claim of "fair use."

1. The Purpose and Character of the use.
   Is the use:
   • Non-profit educational?
   • Commercial?
   • Mere copying?
   • Transformative?
     
     
2. The Nature of the copyrighted work.
   Is the work:
   • Fiction?
   • Non-fiction?
   • Published?
   • Unpublished?
     
     
3. The Amount and Substantiality of the portion used.
   • How much was taken?
   • What part was taken?
     - If what was taken was the “heart” of the work, a very small amount might be too much.
     
     
4. The Effect of the use on the Market for or the Value of a work.
   Does the use:
   • Enhance the market?
   • Diminish the market?
   • Enhance the value? 
   • Diminish the value