Scholarly Communication Services - Fair Use: Essentials

Purpose of Use and Work's Character

• Is the use transformative?  Why is the work being copied, and for what reason?  Does its copying or use add a new meaning, character, message, or function of the work?

Nonprofit, academic, educational use;

Criticism or commentary;

Transformative use;

Creating a new meaning or use.

Commercial, for-profit use;

Decorative use.

Amount and Proportion of Work Used

• How much of an original work is being used in proportion to the original work, and is it a significant amount?

Small proportions of a work;

Less significant amounts or content.

Using a whole work, especially when not needed for a given purpose;

Using a proportionally large amount;

Using the most significant content within a work

Nature or Type of Work

• Is the copyrighted work based on fact, or is it a creative work?  Is the work published or unpublished? Is the purpose of the copyrighted work to inform or entertain?

Fact-based works (non-fiction);

Published works.

Creative works (literature, poetry, or images).

Effect on Potential Market Value or Demand

• Does copying or reusing the work make it less valuable or affect the demand for it?

Use has no effect on market;

Does not affect demand or use of a work.

Diminishes the demand or price of a work;

The work can be readily obtained for a given purpose at a reasonable cost.