Copyright Guide: Fair Use

What is Fair Use?

You do not always need to get permission to use copyrighted works.

U.S. Copyright law provides exemptions for using copyrighted works without permission under certain conditions, such as Fair Use. 

There are no absolute rules for what is considered fair use. Copyright law outlines four factors that should be considered when determining fair use. It is up to you to determine how well the use of a work addresses these factors.

The Four Factors of Fair Use

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

Determining Fair Use

To determine fair use, you need to conduct a Fair Use Analysis. This analysis will weigh the four factors of fair use.

It is best practice to document your fair use analysis.