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Empower - Module 8 - Using Information

Fair Use

If most works are legally protected under Copyright Law, why are students able to use them without paying royalties or obtaining permission?

 

Fair Use:

  • Permits the use of legally protected works
  • Includes limitations for the:
    • Amount Used
    • Circumstances of Use

 

Fair Use is not a Definitive Set of Rules
This allows circumstances around the work's use to be open to interpretation, fostering an open environment for the free exchange of information.

 

Fair Use is a Four-Part Legal Test
When determining Fair Use, the law considers each of four Factors. The balance of all four Factors ultimately decides the claim's legal strength.

 

Factor 1:

Purpose and Character of Use
 

Likely Fair Use

Table describing circumstances which are likely considered fair use due to Factor one: A circumstance is likely fair use if it is a non-profit or educational use. For example, Are you using this information for a class? Another circumstance will likely be fair use if it is transformative. To determine if your use is transformative, ask yourself whether your use adds something new that does not replace the original work.

 
Likely NOT Fair Use

Table describing circumstances which are likely not considered fair use due to Factor one: A circumstance is likely not fair use if it is commercial. Will you make money by using this work? Another circumstance that is likely not fair use is copied use. Is your use essentially a copy of the original work?

Factor 2:

Nature of the Original Copyrighted Work
 

Likely Fair Use

Table describing circumstances which are likely considered fair use due to Factor two: A circumstance is likely fair use if the work you are using is factual. For example, are you using a government document? A circumstance is also likely fair use if the work is educational. For example, are you using a textbook?

 
Likely NOT Fair Use

Table describing circumstances which are likely not considered fair use due to Factor two: A circumstance is likely not fair use if the work you are using is unpublished, like an unpublished personal letter. Use of fictional or creative works, like music, are also not likely to be covered by fair use. Fair use is likewise less likely to include uses of non-educational works, like comedic plays.

Factor 3:

Amount of the Work Used
 

Likely Fair Use

Table describing circumstances which are likely considered fair use due to Factor three: A circumstance is likely fair use if you use a small portion of the work. For example, you are quoting less than ten percent of an article. Fair use is also more likely if you use a less important part of the work. For example, you are describing tangential anecdotes from a documentary film.

 
Likely NOT Fair Use

Table describing circumstances which are likely not considered fair use due to Factor three: A circumstance is less likely to fall under fair use if you use a large portion of a work. For example, you are paraphrasing most of a nonfiction book. Fair use is also less likely to apply if you use the heart, or most important part, of a work. For example, you are repeating the main conclusions from a scientific study as your main conclusions.

There is no defined amount of a work which may be used without permission from the creator of the original work.

Factor 4:

Effect of Use on the Market
 

Likely Fair Use

Table describing when a circumstance is likely considered fair use due to Factor four: A circumstance is likely fair use if it does not harm the original work’s market. For example, you published a photo you took of a sculpture in a book.

 
Likely NOT Fair Use

Table describing a circumstance which is likely not considered fair use due to Factor four: A circumstance is likely not fair use if it harms the original work’s market. For example, your textbook is a scanned copy of your friend’s textbook.

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