Skip to main content

Copyright: Fair Use Explained

A guide to inform faculty, staff, and students about fair use and copyright.

Understanding Fair Use

Understanding Fair Use

Creative Commons License Unless otherwise noted, all content on the Copyright Information section of this site is licensed under a Creative Commons Attribution-NonCommercial License.

From the University of Minnesota Libraries Copyright Services Office - https://www.lib.umn.edu/copyright

Thinking Through Fair Use

Thinking Through Fair Use - My Analysis

Name/title of document or item to be used


Factor #1: Purpose and character of the use 

Favors Fair Use
Educational, scholarly, and research uses, and/or news reporting
Criticism or commentary
Non-profit use, including personal uses
Transformative use (creates a new work with a new purpose), including parody and transformative technologies
Weighs Against Fair Use
Commercial activity
Profiting from use
Decorative or other non-critical, non-commentary use

 

 

 

 

 

Notes: Enter additional thoughts regarding the purpose of your proposed use.

Overall thoughts on your purpose


strongly favors fair use

somewhat favors fair use

neutral

somewhat weighs against fair use

strongly weighs against fair use

 

 

 


 

 

 

Factor #2: The nature of the copyrighted work 

Favors Fair Use
Published source
Factual or non-fiction source
Weighs Against Fair Use
Unpublished source
Creative, artistic, or fiction source

 

 

 

Notes: Enter additional thoughts regarding the nature of the work you'd like to use.

Overall thoughts on the nature of the original


strongly favors fair use

somewhat favors fair use

neutral

somewhat weighs against fair use

strongly weighs against fair use

 

 


 

 

Factor #3: Amount and substantiality of the portion used 

 

Favors Fair Use
Proportionally small excerpt, extract, or clip
Portion used is peripheral or not significant to the entire work
Only as much as absolutely necessary for a favored "purpose"
Weighs Against Fair Use
Entire work, or proportionally large extract
Portion used is "heart of the work"

 

 

 

 

Notes: Enter additional thoughts regarding the amount and substantiality of your proposed use..

Overall thoughts on the amount and substantiality of your use


strongly favors fair use

somewhat favors fair use

neutral

somewhat weighs against fair use

strongly weighs against fair use

 

 

 


 

 

Factor #4: Effect on the potential market for or value of the work

 

Favors Fair Use
User owns lawful copy of the work (bought or otherwise legitimately acquired
Only one or a few copies made
One-time use
Difficult to redistribute, or to make additional copies of the product of your use
Use stimulates market for original work
No impact on market for original work
No product marketed by copyright holder similar to your use
No way to pay or seek permission for your use
Weighs Against Fair Use
Use directly substitutes for a sale that would otherwise have been made
Many copies made
Repeated or long-term use
Easy to redistribute, or to make additional copies of the product of your use (i.e. digital file, online use)
Impairs market for original work
Easily-obtained and affordable license or permission

 

 

 

 

 

 

 

 

 

Notes: Enter additional thoughts regarding the market effect of your proposed use.

 

 

Overall thoughts about the effect of your use on the market for the original


strongly favors fair use

somewhat favors fair use

neutral

somewhat weighs against fair use

strongly weighs against fair use

 
 

 

 

 

 

Please send a copy of this report to my email address:


 

 

For your personal use. No other copy is retained here.

Creative Commons License Unless otherwise noted, all content on the Copyright Information section of this site is licensed under a Creative Commons Attribution-NonCommercial License.

From the University of Minnesota Libraries Copyright Services Office - https://www.lib.umn.edu/copyright

 

Best Practices

Creative Commons License Unless otherwise noted, all content on the Copyright Information section of this site is licensed under a Creative Commons Attribution-NonCommercial License.

From the University of Minnesota Libraries Copyright Services Office - https://www.lib.umn.edu/copyright