Answered By: Alisha Miles
Last Updated: Feb 14, 2022     Views: 18

What Determines Fair Use?

“Fair use” is an exemption within the copyright law (17 U.S. Code Section 107) that grants you the right to quote or reproduce very small portions of copyrighted materials for educational, non-profit, and personal use without first obtaining permission from the copyright holder.  “Fair use” is not specifically defined; instead, each use is evaluated by weighing four factors:

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

  1. Character of the use (for AU, typically non-profit educational use)
  2. Nature of material to be used (non-fiction vs. works of literature, drama, criticism)
  3. Amount and substance of work to be used (up to 10% of whole)
  4. Effect of the use on the potential market (economic impact)

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