Fair use is a limitation to the exclusive rights of copyright holders which allows for some reproduction and use of creative work without the permission of the copyright holder. Section 107 of the copyright law, which is in Title 17 of the U.S. Code, contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. However, ultimately fair use can only be decided on a case-by-case basis, determined by balancing four factors.
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 potential market for, or value of, the copyrighted work.
With the tools below, the community can evaluate their use of copyrighted works to determine if they fall under fair use. It is the responsibility of individual community members to be aware of “fair use” and to determine whether or not their use of copyright materials is legal under “fair use” provisions of the Copyright Act.
Unless otherwise noted, the content of these guides by Loras College Library, is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Some icons by Yusuke Kamiyamane. Licensed under a Creative Commons Attribution 3.0 License.