Copyright and Fair Use: Fair Use

Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder. (See Title 17, section 107)

Circular 21 contains basic information on some of the most important legislative provisions and other documents dealing with copyright.

The following four factors are used to determine if a use is fair:

1. The purpose of the use (eg. commercial vs. educational)*
2. The nature of the copyrighted work
3. The amount of the material used (the greater the amount copied, the less likely it is fair use)
4. 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!  For a deeper concept of the four factors, refer to the ebook, Copyright Law for Librarians and Educators : Creative Strategies and Practical Solutions on the Copyright Law tab of this LibGuide.