Fair Use and the Four Factors
The concept of "fair use" derives from Section 107 of the Copyright Act of 1976, and provides that the reproduction and distribution of copyrighted materials for purposes that might include teaching, research, news reporting, criticism, comment, and scholarship. Some, but not all, academic uses of copyrighted materials might be considered fair use.
Even if you think your use of the materials meets the four fair use factors, it is recommended that you obtain permission for materials that will be repeatedly used. (See link on how to get permission for how to obtain permission for books, periodicals, music, photographs, and motion pictures.)
In determining whether the use of a copyrighted work in any particular situation is fair use, Section 107 requires careful consideration of all the following factors.
1) Purpose and character of the use
- Is the use for nonprofit educational or for commercial purposes?
- A particular use is more likely to be considered fair use if it is for nonprofit educational use.
2) Nature of the copyrighted work
- Is the material factual or imaginative?
- A particular use is more likely to be considered fair use if the material is primarily factual.
3) Amount and substantiality of the portion used
- Is a small amount being used to illustrate a point, or is the entire work being used?
- A particular use is more likely to be considered fair use if it is a small portion of the overall piece.
4) Effect of the use upon the potential market for or value of the copyrighted work.
- In other words, does using the material compete with potential profits that the owner could be entitled to?
- An instance is more likely to be considered fair use if it is has no impact on potential profits of the copyright owner. (This is often the most difficult factor to overcome.)
For a helpful chart in analyzing factors, see Purdue's Fair Use Chart
