Copyright

Fair use is a legal exception that allows limited use of copyrighted material without permission under certain conditions. It’s especially important in education, research, and commentary, but it’s not a blanket exemption.

To determine if something qualifies as fair use, U.S. copyright law requires that you consider all four factors below. No one factor is decisive; fair use is a balancing act.

Courts consider these four factors when evaluating whether a use is “fair” under copyright law:

1. Purpose and Character of the Use
   Is the use transformative? Is it for nonprofit, educational purposes or commercial gain?
2. Nature of the Copyrighted Work
   Is the work more factual or creative? Using factual works favors fair use.
3. Amount and Substantiality
   How much of the work is used? Was the “heart” of the work used?
4. Effect on the Market
   Could this use harm the market for the original or its licensing opportunities?

💡 Tip: Educational use alone does not guarantee fair use. All four factors must be considered.

📚 See It in Context

Want to see how the four factors apply in real situations? Check out our Fair Use Examples page for real-world scenarios and how fair use was determined.

💡 Tip: These examples are great for faculty workshops, course design reviews, or personal reference when you're unsure how to apply fair use.

Using a fair use checklist can help you apply the four factors consistently and document your decision. 

A checklist does not guarantee legal protection, but it shows that you made a good faith effort to comply with copyright law.

📥 Save or print a completed checklist for your records or departmental compliance.