Copyright, Fair Use, and the Public Domain

What is Fair Use?

Fair use is the legal exemption to the exclusive rights of copyright holders. Fair use is determined on a case-by-case basis, Section 107 of the Copyright Act provides a framework for determining if the use of a copyrighted work is fair use:

• Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes.
• Nature of the copyrighted work.
• Amount and substantiality of the portion used in relation to the copyrighted work as a whole.
• Effect of the use upon the potential market for or value of the copyrighted work.

Fair use rules do not provide a set number, percentage, or maximum length of useable material from a copyrighted work. For more information on the Fair Use Doctrine and interpretations of Fair Use see the U.S. Copyright Office's Information on Fair Use and Fair Use Case Index.

Fair Use Checklists

Several organizations provide Fair Use Checklists, these tools can help you determine if your use of copyrighted works is likely to be considered Fair Use. These are valuable guidance tools but are not intended as legal advice and do not replace the advice of legal counsel.