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Is It Fair Use?


If use is Fair Use, then it may be used without permission. If a use is not Fair Use, permission must be obtained. Please note that not all educational use is automatically Fair Use. The Four Factor test must be applied to each use of a work and is applied to any medium.

The Four Factors:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work

For more information, see Title 17 of the U.S. Code, Section 107 Limitations of Exclusive Rights: Fair Use

Likely Fair Use

Likely Permission Needed

Why will the work be used?

  • Criticism
  • Educational
  • News and reportage
  • Non-profit
  • Personal
  • Teaching and learning
  • Scholarship and research
  • Commercial
  • Entertainment
  • For-profit

What type of work will be used?

  • Factual
  • Published
  • Creative work (e.g. fiction writing)
  • Unpublished (includes student work)

How much of the work will be used?

  • Small amount (e.g. 1 article per journal or 1 chapter from a book)
  • Large amount (More than 10%)
  • Core or "essence"

What effect will this use have on the potential marketplace?

  • None
  • Licensing/Permission unavailable
  • Major effect
  • Available to the world

For More Information