What is fair use?

Fair use allows for exceptions to copyright.

For example, copyright says that only the creator of the work has the right to copy it. Fair use allows other individuals to make copies of the work provided the copying fits within the criteria of fair use.

Fair use is not a mathematical equation. It is a concept that must be weighed and judged in each individual case. Although fair use is not exact, there are some very specific guidelines.

When determining whether a particular activity is fair use, the following criteria are considered.

  • the purpose and character of the use (e.g., commercial or educational)
  • the nature of the copyrighted work (e.g., published or unpublished; in-print or out-of-print; fiction, nonfiction workbook, patterns)
  • the amount and substantiality of the portion used in relation to the copyrighted work as a whole (e.g., how much is used; how often it is used; whether it is the core element of the work that is used)
  • the effect of the use upon potential market for or value of the copyrighted work