The Ames Library
Fair Use

The Fair Use Test

Four factors to consider in determining fair use:

1. The purpose and character of the use

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. The effect of the use upon the market for or value of the copyrighted work.

In considering how copyright law applies to your use of an item, the first step is to consult the
IWU Fair Use Checklist

Always properly attribute and cite information sources; for additional details about citing Internet resources, see this The Writing Center website.

The fair use doctrine, Section 107 of the Copyright Act of 1976 is the most general of the limitations on the rights of copyright owners. It attempts to balance the needs of teachers and researchers with those of copyright owners. The fair use doctrine allows for certain uses of copyrighted works, without permission or payment, for purposes such as criticism, comment, news reporting, teaching (including, in some instances, multiple copies for classroom use), scholarship, or research.

Fair use is a "rule of reason," and because there is no universally adopted definition of fair use, the interpretation of how much use constitutes fair use is a matter of much debate. Congress provides four factors to consider in determining whether a particular instance might be considered fair use. The four factors for consideration are:

  • the purpose and character of the use (e.g., commercial vs. nonprofit educational);
  • the nature of the copyrighted work (e.g., workbook exercises vs. works of imagination);
  • the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  • the effect of the use upon the market for or value of the copyrighted work.

The dynamics of the fair use doctrine involve weighing the various, and typically competing, interests. These interests have ambiguous boundaries, cannot be measured with any precision, and overlap with one another. It should be no surprise, therefore, that fair use is thought to be the most troublesome aspect in the whole laws of copyright, and in the end, only a court of law can determine how much use is fair use. Anyone, prior to use of a copyrighted work, must have a good-faith rationale that Fair Use permits the use of that work.

Back to IWU Copyright Policies and Practices