What is Fair Use?
To create a balance between the interests of those who develop intellectual and creative works and those who benefit from accessing and using those works, copyright law includes the exception known as Fair Use.
Under the Fair Use provision, a copyrighted work may be copied or reproduced without permission of the author for the purpose of criticism, commentary, news reporting, teaching, research and scholarship, depending upon whether the use meets the four factors of fair use.
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
U.S. Copyright Act, 17 U.S.C., Section 107
Limitations on Exclusive Rights: Fair Use
Understanding the Four Factors of Fair Use
This tutorial provides an overview of the four factors of fair use and offers examples of how fair use applies to specific types of copyrighted material in educational settings.
Fair Use Checklist
- Fair Use ChecklistUse this checklist to help you determine whether your use of copyrighted material falls under fair use.
Fair Use Resources
- Fair Use EvaluatorA tool designed to help you determine the "fairness" of use under U.S. Copyright law.
- The Fair Use App- An interactive guide for filmmakers and video creators.A guide to help you navigate fair use in relation to reusing existing content such as images, audio or video for your video project.
- Can I Use That? Fair Use in Everyday LifeA useful handout created for a faculty workshop on fair use, created by Nancy Sims, Copyright Librarian at the University of Minnesota.
- Know Your Copy RightsA pamphlet created by the by the Association for Research Libraries that provides tips about fair use for faculty and teaching assistants in higher education.
- Fair Use FundamentalsAn infographic created for Fair Use Week that provides an overview of what fair use is, why it is important, and who uses it.
- Summaries of Fair Use CasesThis resource provides a review of important fair use cases and how the courts have interpreted the four factors over the years.
- Fair Use in a Day in the Life of a College StudentAn infographic created for Fair Use Week depicting a college student's typical interaction with fair use.
- U.S. Copyright Office Fair Use IndexThe Fair Use Index tracks a variety of judicial decisions to help both lawyers and non-lawyers better understand the types of uses courts have previously determined to be fair or not fair.
Your Librarian
Informational Purposes Only
The materials and information on this guide are intended for informational purposes only. CSU Libraries make every effort to assure the accuracy of this information but do not offer it as counsel or legal advice. Please consult the University's Office of the General Counsel or your own attorney for advice concerning your specific situation.
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