Copyright Fair Use

What is Fair Use?

Fair use is a legal doctrine that permits a person to use another’s copyrighted work without permission for certain limited purposes, such as criticism, commentary, news reporting, or research. It should be noted, however, that such limited purpose categories only seek to illustrate what might be considered fair use and are not examples of what will always be considered fair use.

In fact, there are no bright-line rules for determining what constitutes fair use and every use is judged on a case-by-case basis. When deciding if a particular use is fair or infringing, courts consider the following four factors:

• The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;

•  The nature of the copyrighted work;

• The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

• The effect of the use upon the potential market for or value of the copyrighted work.

While no single factor is conclusive and one factor may way more heavily than others, each factor must be considered.

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