PURPOSE

Favoring Fair Use

• Non-Profit

• Educational

• Teaching

• Research

• Scholarship

• Criticism

• Comment

• News Reporting

• Transformative or productive use

• Restricted access

• Parody

Opposing Fair Use

• Commercial

• Profiting from the use

• Entertainment

• Bad-faith behavior

• Denying credit to original author

NATURE

Favoring Fair Use

• Published work

• Fact-based or nonfiction work

• Important to stated educational objectives

Opposing Fair Use

• Unpublished work

• Highly creative or fictional work

• Work was intended created for the Education Market (ex. textbooks, workbooks)

PROPORTION or AMOUNT

Favoring Fair Use

• Small portion of the work

• Section used is not central or critical to entire work; it is not the "heart of the work"

• Amount is suitable for stated educational objectives

• Thumbnail image (not to exceed 100 x 125 or 125 x 100 pixels)

Opposing Fair Use

• Large or entire portion of the work

• Section used is central to the work

IMPACT or EFFECT
(most important of the Four Factors)

Favoring Fair Use

• User owns lawfully acquired or purchased copy of original work

• One or few copies made

• No significant effect on the market or potential market for copyrighted work

• No similar product marketed by the copyright holder

• Lack of licensing mechanism

• Original is out of print or otherwise unavailable

• Copyright owner cannot be identified

• Use is spontaneous

Opposing Fair Use

• Competes with sales of the original work

• Significantly impairs market or potential market for copyrighted work or derivative

• Reasonably available licensing mechanism available

• Affordable permission available for using work

• Numerous copies made

• User makes work accessible on Web or in other public forum

• Repeated or long term use

• What if "everybody did it"