Fair use allows the public to make limited uses of copyright works, especially for advancing knowledge in areas such as education, research, news reporting, criticism, and commentary. Fair use may look like a picture of song lyrics posted to a blog, a newspaper article distributed to a class, or showing a brief clip of a YouTube video.
The determination of whether a use is fair or not is based on what is known as the Four Factors. Described in Section 107 of the U.S. Copyright Act, the four factors of fair use include: (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount or substantiality of the portion used, and (4) the effect of the use on the potential market for the copyrighted work (17 U.S. Code § 107).
The following YouTube video from the U.S. Copyright Office explains fair use further:
According to Section 107, determining whether a use of a work is fair or not must be done on a case-by-case basis by the user who intends to use a copyrighted work. The user should consider the following four factors:
Factor 1: The purpose and character of the use
This factor considers whether the use of the work is "of a commercial nature or is for nonprofit educational purposes." It favors nonprofit, educational purposes, such as teaching, research, and criticism, as well as "transformative" uses. It opposes commercial activity and entertainment purposes.
Factor 2: The nature of the copyrighted work
This factor focuses on the characteristics and qualities of the work. It favors published, factual, nonfiction works, and opposes unpublished, highly creative work such as art, music, and novels.
Factor 3: The amount and substantiality of the portion used in relation to the copyrighted work as a whole
This factor considers the amount, both quantitatively and qualitatively, of the work used. It favors a small quantity that is not central to the "heart of the work." It opposes large portions of the work used, as well as using portions that are central to the work.
Factor 4: The effect of the use upon the potential market for or value of the copyrighted work
This factor focuses on the influence the use of the work will have on the potential market or value for the work. It favors uses that do not compete with the market for the original work, lawfully purchased or acquired copies, and few copies made. It opposes uses that could replace the sale of the work, numerous copies made, and repeated or long-term use.
The following resources include more in-depth information about fair use and the four factors:
