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Fair Use


U.S. Copyright Office (2019).  Fair use. [Video].  YouTube.

About Fair Use / Fair Use Analysis

Fair Use

The Fair Use Doctrine, commonly known as fair use, defines the legal rights that allow copyrighted materials to be reused or copied without the permission of a copyright owner (17 USC § 107), depending on the details of use.  Fair use applies in limited and transformative purposes such as commentary and critiques, news, or parody. Fair use is frequently relied on to legally reuse copyrighted works for educational, scholarly, or creative purposes.

There are no black and white rules of fair use, and copyright law is dependent on interpretation. Anyone who wants to use copyrighted work by applying fair use must assess and balance the following 4 factors with consideration of transformative uses through a fair use analysis (Stim, 2020):



Purpose of Use and Work's Character

  • Why is the work being used or copied, and for what reason? 

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  Is the work published or unpublished?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.


Transformative Use

  • Is the work being used differently than its originally intended purpose?
  • Does its copying or use add a new meaning, character, message, or function of the work?
Use is different than its intended use. Use is the same or near-identical to its intended purpose or use.

Sources:  Stim, R., (2020).  Fair use: The four factors courts consider in a copyright infringement case. Nolo. 

____ (2020).  What is fair use? Stanford University Libraries.

Disclaimer: The FAU Libraries and its faculty, staff, and administration are not attorneys and cannot interpret the law.  This information is provided for educational purposes only and does not substitute for advice from legal counsel.

Fair Use Analysis: Evaluate Fair Use:


Fair Use in Plain Language

FAU Libraries Blog Posts

Images source:, permission by CC0.

Last updated on Jan 29, 2024 11:39 AM