What is Fair Use?
Fair use provisions of U.S. copyright law allow use of copyrighted materials on a limited basis for specific purposes without the permission of the copyright holder.
|FACTOR||WEIGHING TOWARDS FAIR USE|
|Purpose of use||Nonprofit, educational, scholarly or research use; Transformative use: repurposing, recontextualizing, creating a new purpose or meaning|
|Nature or type of work||Published, fact-based content|
|Amount Used||Using only the amount needed for a given purpose; Using small or less significant amounts|
If there would be no effect, or it is not possible to obtain permission to use the work
It is necessary to weigh all four factors to decide whether a fair use exemption seems to apply to a proposed reuse. Courts take a holistic approach -- they do not simply add up a positive or negative for each factor.
Judges have tended to focus on two questions that collapse the four factors:
To help support a fair use case for an image:
In addition to fair use, consider Using images that are openly available for reuse
Properly citing sources protects against plagiarism.
Following fair use principles protects against copyright infringement.
To make a fair use assessment:
Photographs of people may involve rights of privacy or publicity, state and/or federal laws which limit the use of a person's likeness. Consider:
Photographs of works of art may involve the rights of the work's creator/copyright holder. Consider:
Buildings designed after Dec. 1, 1990 are copyrighted. Consider: