Research Guides: Copyright: Fair Use

What Determines Fair Use

Section 107 of the U.S. Copyright code (Fair Use) provides four parameters, or factors, for interpreting the use of copyrighted material without the permission of the copyright holder as legal:

The purpose of the use (eg. commercial vs. educational)
The nature of the copyrighted work
The amount of the material used (the greater the amount copied, the less likely it is fair use)
The effect of use on the potential market for or value of the work

Not all uses in an academic context are automatically considered fair use!

Even using the Four Factors as a guide, the distinction between a fair use and infringing use of copyrighted material is not always clear. Only a court can ultimately determine if a use is fair, and this can only happen if a case is litigated.

Nonetheless, the copyright code, legal precedents & fair use educational materials can provide us considerable guidance in making fair use evaluations and asserting Fair Use.

Fair Use Tools

Fair Use Check List (Columbia University Libraries)
Helps users of copyrighted works determine whether their activities are within the limits of fair use under U.S. copyright law.
Fair Use Evaluator (Office for Information Technology Policy, American Library Association)
This tool helps collect, organize & archive the information needed to support a fair use evaluation by generating a time-stamped, PDF document for your records, which could prove valuable, should you ever be asked by a copyright holder to provide your fair use evaluation and the data you used to support it.
Fair Use Index (U.S. Copyright Office)
The Fair Use Index tracks a variety of judicial decisions to help both lawyers and non-lawyers better understand the types of uses courts have previously determined to be fair—or not fair. NOT a substitute for legal advice.
Four Factor Test (University of North Texas Libraries)
When thinking of using copyrighted material, try your hand at the four factor test. After answering each factor's question about your use, see how the balance tips and make a judgement about the final balance. overall, does the balance tip in favor of fair use or in favor of getting permission?
Understanding Fair Use (University of Minnesota Libraries)
This page explains how copyright law enables people to use works that already exist. The information focuses on one of the main use provisions in United States copyright law, called “fair use.”
What is Fair Use? (Stanford University Libraries)
Guide about what fair use is, how to measure it based on the 'four factors,' summaries of fair use cases, and disagreements over fair use.

Copyright Advisory Network Resources

Made available by the Office for Information Technology Policy of the American Library Association, the following resources are provided to help individuals learn about copyright.

The Copyright Genie

OK, so the Copyright Genie can't grant copyright wishes, but it can take the magic out of copyright by:

Helping you find out if a work is covered by U.S. copyright
Calculating its terms of protection, and
Collecting and publishing the results (as a PDF) to save for your records or further vet with a copyright specialist.

Fair Use Evaluator

This tool is designed to help you better understand how to determine the "fairness" of a use under the U.S. Copyright Code. The tool will help you collect, organize & archive the information you might need to support a fair use evaluation by providing you with a time-stamped, PDF document for your records, which could prove valuable, should you ever be asked by a copyright holder to provide your fair use evaluation and the data you used to support it.

Public Domain Slider

This slider can help you determine whether something is in the Public Domain or not.

Section 108 Spinner

Section 108 of the U.S. Copyright Code allows libraries and archives, under certain circumstances, to make reproductions of copyrighted materials without the permission of the copyright holder. This simple tool can

help you determine if your reproduction is covered by Section 108 and
collect information to support your use of the exception.

Exceptions for Instructors eTool

The U.S. Copyright Code provides for the educational use of copyrighted material without the permission of the copyright holder under certain conditions. Use this free online tool to find out if your intended use meets the requirements set out in the law. This tool can also help you collect information detailing your educational use and provide you with a summary in PDF format.

Best Practices

Code of Best Practices in Fair Use (Association of Research Libraries)
Statement of fair and reasonable approaches to fair use developed by and for librarians who support academic inquiry and higher education. This webpage provides access to a free PDF of the Code in addition to FAQ documents for professors, students, and librarians.
Code of Best Practices in Fair Use for Scholarly Research in Communication
This guide identifies four situations that represent the current consensus within the community of communication scholars about acceptable practices for the fair use of copyrighted materials.
Code of Best Practices in the Fair Use for Visual Arts
Describes common situations in which there is a consensus within the visual arts community about practices to which this copyright doctrine should apply and provides a practical and reliable way of applying it. PDF was published by the College Art Association in 2015 and funded by the Andrew W. Mellon Foundation.
Documentary Filmmakers’ Statement of Best Practices in Fair Use
Written by veteran filmmakers to help other filmmakers understand some instances where using copyrighted material without clearance is considered fair use.