Service Alert
Fair use describes a set of circumstances where someone can use a copyrighted work (or portion thereof) without permission from the copyright holder.
Individuals using copyrighted works for "purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research" can, under some circumstances, use copyrighted material without having to seek permission from the copyright holder. In order to do this, the user must weigh their use against four factors defined in 17 U.S.C. § 107.
Four Factors for Determining Fair Use
Keep in mind that you also may not need to consider fair use if the material you're using is in the public domain or covered under Creative Commons.
Am I automatically covered if I’m using material for an educational purpose?
No. While educational uses often fall under fair use, you still need to take the other factors into account.
Are there types of materials that re more likely to be allowed to be used?
Sort of. Imaginative works like movies, songs, and novels are less likely to support a claim of fair use than a factual work like a news article or research study. But there are always exceptions.
I’ve heard “transformative uses” are usually allowed. If I change the work a little am I ok?
Not necessarily. If the transformed work can still be easily substituted for the original a claim is unlikely to be supported. If the transformation changes the purpose or character it’s more likely to be ok.
Do some of the Four Factors count more than others?
No. Courts evaluate fair use claims on a case-by-case basis and certain aspects may count more than others depending on the circumstances of the case.
Is there some kind of checklist I can use?
Yes! Cornell University Libraries offer a Fair Use Checklist that users can go through to try and evaluate whether their use applies. Be careful, though. This checklist does not guarantee your claim of fair use would be supported.
What if I don’t want to risk it? What are my alternatives?
Instead of using copyrighted material try something from the public domain or covered under one of the Creative Commons licenses. Our librarians can help you find something that fits!
