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Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and scholarship, and teaching. There are four factors to consider when determining whether your use is a fair one. You must consider all the factors below, even though all the factors do not have to be in favor of a use to make it a fair one. It is important to remember that fair use is a defense for copyright infringement. Therefore much of what defines fair use is determined in outcomes of court cases. Stanford University maintains a list of important fair use court cases. Also, take a look at “A Fair(y) Use Tale” for an amusing, but accurate explanation of Fair Use, as well as an example of fair use, and Fair Use Fundamentals, a document commissioned by the Association of Research Libraries in 2015.
The four fair use factors are as follows:
The purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes;
The nature of the copyrighted work, such as whether the work is fiction or non-fiction, published or unpublished;
The amount of the work used in relation to the copyrighted work as a whole, such as using a poem in its entirety, or using one chapter from a long book;
The effect of the use upon the potential market for the copyrighted work.
For assistance using these factors for the analysis of individual items:
View this short video, “Follow the Four Factors of Fair Use”, that provides a real-life fair use analysis, produced by The Ohio State University Libraries
Use this interactive Fair Use Evaluator, produced by the American Library Associa