[T]he fair use of a copyrighted work . . . is not an infringement of copyright. Fair use gives users the right to use copyrighted material without permission under certain circumstances. If a use is fair, the user need not notify or seek permission from the copyright holder. Contents Illustrative PurposesSection 107 of the Copyright Act gives examples of purposes that are favored by fair use: “.” Use for one of these “illustrative purposes” is not automatically fair, and uses for other purposes can be fair. The statute lays out four factors to consider in deciding whether a particular use is fair. Four Factors of Fair UseEach of the four factors has subfactors that influence how the factor weighs in favor of or against fair use. On its own, no individual subfactor guarantees that a use is fair or is not fair. The subfactors must all be weighed together. First Factor: Purpose and Character of the UseThe first factor is one of the most important of the four factors. Less Likely to Be FairMore Likely to Be FairSecond Factor: Nature of the Copyrighted WorkThe second factor typically is the least important of the four fair use factors. Less Likely to Be FairMore Likely to Be FairThird Factor: Amount and SubstantialityLess Likely to Be Fair
NeutralFourth Factor: Effect on the MarketThe fourth factor is one of the most important of the four factors. Less Likely to Be FairMore Likely to Be FairExamples
Fair Use in Seven WordsFair Use ChecklistWe are considering retiring the Fair Use Checklist and recommending the list of factors and subfactors above instead. Please contact us at if your unit at Penn State still uses the checklist. You can use the PSU Fair Use Analysis Checklist to help analyze whether a use of a copyrighted work could be a fair use. No single item or factor is determinative of fair use. Download the Fair Use Analysis Checklist PDF or the Fair Use Analysis Checklist Word Document. What if My Use isn’t a Fair Use?If a planned use isn’t a fair use and doesn’t fall within another exception, you have options:
Fair Use at Penn StateReview the PSU IP Policy regarding Fair Use. Other Fair Use Resources
What is considered fair use of copyrighted material?What is fair use? Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and scholarship, and teaching.
What are the 4 conditions of fair use?the purpose and character of your use. the nature of the copyrighted work. the amount and substantiality of the portion taken, and. the effect of the use upon the potential market.
How do you determine if it is fair use or copyright infringement?Fair Use is a Balancing Test. Factor 1: The Purpose and Character of the Use.. Factor 2: The Nature of the Copyrighted Work.. Factor 3: The Amount or Substantiality of the Portion Used.. Factor 4: The Effect of the Use on the Potential Market for or Value of the Work.. Resources.. What are the three 3 factors to consider in deciding whether a use of copyrighted material is a fair use?the purpose and character of the use, including whether it is of a commercial nature or for nonprofit educational purposes. the nature of the copyrighted work. the amount of the portion used in relation to the copyrighted work as a whole, and.
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