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Fair Use

Introduction | The Four Factors of Fair Use | More Information | Contact Us

Introduction

Copyright is meant to protect the rights of creators and to encourage the creation of science and scholarship. In most cases, you must ask permission of the copyright holder to use his or her work, but there are limitations and exceptions to copyright law. You do not need to request permission of the copyright holder if your use of a work is considered "fair."

Section 107 of the U.S. Copyright Law says that the fair use of a copyrighted work "for purpose such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" does not infringe on copyright.

Although there are no clear guidelines about what constitutes fair use, copyright law does outline four factors that should be considered when determining if fair use has been applied:

  1. "The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

  2. The nature of the copyrighted work

  3. The amount and sustainability of the portion used in relation to the copyrighted works as a whole

  4. The effect of the use upon the potential market for, or value of, the copyrighted work."


For more information about these guidelines, see the Four Factors of Fair Use section of this guide.


Remember:
material used fairly must also be cited!

"Crediting the source is not a defense of copyright infrigement. Not crediting the source is plagiarism." -- Steven J. McDonald, General Counsel, Rhode Island School of Design

"Acknowledging the source of the copyrighted material does not substitute for obtaining permission." -- U.S. Copyright Office


The Four Factors of Fair Use

The four factors of fair use must be considered together when determining if your use of something is fair. There are no exact guidelines about what constitutes fair use, but the following may help:

Factor 1: Purpose and character of the use

If the work is being used for eductional or personal reasons, it's more likely to fall into the "fair use" category. Commercial use will not likely be considered fair.

If the work is being used for parody, commentary, or criticism, it may be fair use. In other words, if the work is being used to create something new or to add value to the work, it's more likely to be granted fair use status.


Factor 2: Nature of the work

Use of works that are facts (like biographies) is more likely to be considered fair use than those that are imaginative (like novels).

If the work you want to use is already published, your use will more likely be considered fair than if you were using something that's unpublished.


Factor 3: Amount of the copyrighted work used

Are you using a small or large amount of the work?

Copyright law does not outline an exact number of words/lines/paragraphs that constitute fair use, but, generally, the smaller the amount the more likely your use will be considered fair. The nature of the excerpt used is also taken into consideration; use of only the most signficant part of a work may be harder to defend.


Factor 4: Effect of the use upon the market

Since copyright law is meant in part to reimburse creators for their work, your use should not cause the copyright owner to lose income. If your use produces limited copies and does not compete with sales of the orignal, it's more likely fair use.

More Information

To read more about fair use, see:

Contact Us

Questions?

Please feel free to Ask a Librarian. You can stop by the reference desk, call us (704-894-2425), e-mail us, or text us; we're here to help you!

Library staff members cannot give legal advice. If you need legal advice, you should contact an intellectual property attorney.