Fair Use Analysis

If the balance weighs in favor of fair use, then the work can be used without permission. However, if the balance weighs against fair use and other exemptions do not apply, then permission must be obtained to use the work. Please be aware that all educational use is not automatically fair use. The fair use analysis must be applied to each use of a work. Fair use is technology neutral, so the analysis may be used for any medium.

  First Factor Second Factor Third Factor Fourth Factor
  What is the purpose and character of the use? What is the nature of the work to be used? How much of the work will be used? What is the effect of the use on the market for the work?
Favors Fair Use
  • Nonprofit
  • Educational
  • Personal
  • Teaching
  • Criticism & Comment
  • Scholarship & Research
  • News Reporting
  • Fact
  • Published
  • Small Amount
  • No Effect
  • Licensing / Permissions Unavailable
Favors Permission
  • Commercial
  • For Profit
  • Entertainment
  • Creative
  • Unpublished
  • Large Amount
  • Heart of the Work
  • Major Effect
  • Work is made available to the world

Table content with permission of Purdue University Copyright Office, 2003