LibGuides: Copyright, Fair Use, &amp; Creative Commons: Fair Use

Fair Use and Other Limitations of Copyright

Under certain circumstances, even copyrighted works can be reused.

Certain activities are explicitly permitted by copyright law.
Other activities may be permissible if they meet guidelines established by copyright law.

In the United States, copyright law establishes guidelines for fair use, rather than outlining specific permissible activities.

Four Factors of Fair Use

Under certain circumstances, even copyrighted works can be reused.

Certain activities are explicitly permitted by copyright law.
Other activities may be permissible if they meet guidelines established by copyright law.

In the United States, copyright law establishes flexible guidelines for fair use, rather than outlining specific permissible activities. When fair use is challenged, U.S. courts use four factors to determine if the use in question meets standards for copyright exceptions.

The Four Factors of Fair Use:

Purpose and character of the use
Nature of the copyrighted work
Amount and substantiality of the portion used
Potential market effect

Determining Fair Use

Fair Use Evaluator
Tool from the American Library Association to help you determine whether a particular use is likely to be considered fair.
Fair Use Index
A searchable database of court cases about fair use from the U.S. Copyright Center, for the purpose of helping lawyers and the public better understand how fair use has been interpreted in federal courts.