Fair+Use

WHAT IS FAIR USE?

 * Fair use** is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.

To determine whether a use is fair requires consideration of four factors. Those factors, codified in Section 107 of the Copyright Act, are

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 * 1) **The purpose and character of the use:**
 * Does the new work transform the original work or offer something beyond the original? Copyrighted works that are altered significantly are more likely to be considered fair use.
 * Is the use for nonprofit or educational purposes? Copyrighted works used for nonprofit or educational purposes are more likely to be considered fair use.
 * 1) **The nature of the copyrighted work:**
 * Is the copyrighted work published or unpublished? Published works are more likely to be considered fair use.
 * Is the original work out of print? Out of print works are more likely to be considered fair use.
 * Is the copyrighted work factual or creative? Factual works are more likely to be considered fair use.
 * 1) **T****he amount and substantiality of the portion used in relation to the copyrighted work as a whole:**
 * Is the amount of the original work used reasonable? The smaller the percentage of the work used, the more likely it is to qualify as fair use.
 * Is the section of the original work used the most important part of the work? The less significant the portion of the work used, the more likely it is to be considered fair use.
 * 1) **The effect of the use upon the potential market for or value of the copyrighted work:**
 * Does the new work appeal to the same audience as the original work? Copyrighted works that are used for another purpose or designed to appeal to a different audience are more likely to be considered fair use.

Educational Fair Use