Copyright and Fair Use Tutorial

Fair use is probably the most recognizable copyright exception and frequently used in higher education. Fair use is flexible and allows for the re-use of copyrighted material without permission, as long as the use meets certain criteria.

Generally, a use is "fair" if it is done for a limited and "transformative" purpose. Determinations of fair use can only officially be made by a court of law and judges typically rely on the "four factor test" to make a fair use determination. 

It is important to conduct a Fair Use Analysis on each copyright-protected item you would like to use, each time you want to use it. 

The four factor test considers the following about your use of the copyrighted material:

1. The purpose and character of the use
2. The nature of the copyrighted work
3. The amount of the work used
4. The effect on the potential market for the copyrighted work

For each of the factors, certain answers favor a fair use argument while others do not. Generally, the following circumstances support fair use:​

All factors have to be taken into consideration as a whole. Use one of the fair use analysis tools below to conduct your own four factor test.