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Does your use of the material favor Fair Use?
Does your use of the material favor Fair Use?
Fair use allows the reasonable use of copyrighted works without needing to obtain permission from the copyright holder. To determine whether you have a strong argument for fair use of your material, you should evaluate your intended use against the four-factor test below. This should be done for each piece of copyrighted material you wish to use, and documented to show your evaluation. The Harper College Library has a Fair Use Checklist that you can use to document this process.
No one factor decides whether your use falls under fair use. Rather, after considering the four factors, you will hopefully be left with an overall sense that your use is "probably fair" or "probably not fair". This sense can guide your eventual use, but know that only the courts can provide a final answer.
Four Factor Fair Use Test
Four Factor Fair Use Test
PURPOSE
PURPOSE
More Likely Fair Use
More Likely Fair Use
- Nonprofit
- Education, scholarship, criticism
- Transformation of the work (such as critique or parody)
Less Likely Fair Use
Less Likely Fair Use
- Commercial use
- Entertainment
NATURE
NATURE
More Likely Fair Use
More Likely Fair Use
- Factual work
- Published works
Less Likely Fair Use
Less Likely Fair Use
- Fictional and creative works
- Unpublished works
AMOUNT
AMOUNT
More Likely Fair Use
More Likely Fair Use
- Small portion of the whole
- Not an iconic element or "heart" of the work
Less Likely Fair Use
Less Likely Fair Use
- Substantial portion or whole work
- Iconic element or "heart" of the work
ECONOMIC IMPACT
ECONOMIC IMPACT
More Likely Fair Use
More Likely Fair Use
- One or only a few copies made
- Use does not substitute for sales of the work to students or others
Less Likely Fair Use
Less Likely Fair Use
- Numerous copies made
- Use deprives owner or publisher of economic gain
If yes...
If yes...
You are free to use the material as intended, documenting your four-factor evaluation using the Fair Use Checklist.
You are free to use the material as intended, documenting your four-factor evaluation using the Fair Use Checklist.
If no...
If no...
You may still be able to use the material. Move on to Q7: Express permission obtainable?
You may still be able to use the material. Move on to Q7: Express permission obtainable?
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