Fair Use Analysis Tools
For legal protection reasons, it is recommended that for every item you use under the fair use clause of the Copyright Act that you complete a checklist and keep it on file for three years following the last date of use of the item.
Fair Use Testimony
Stanford Fair(y) Use Tale
This work is licensed under a
Creative Commons Attribution-Noncommercial-Share Alike 3.0 License
Code of Best Practices in Fair Use for Online Video
U.S. Copyright Law Section 107. Limitations on exclusive rights: Fair use
1. The PURPOSE and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
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; and
4. The EFFECT of the use upon the potential market for or value of the copyrighted work.
(Title 17, Section 107 United States Code)
Code of Best Practices in Fair Use for Academic and Research Libraries
- Did the use “transform” the material taken from the copyrighted work by using it for a broadly beneficial purpose different from that of the original, or did it just repeat the work for the same intent and value as the original?
- Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?