What is Fair Use and how can I determine whether an item is within Fair Use?
Answer
Fair Use as described by copyright law involves 4 factors:
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- 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 potential market for or value of the copyrighted work.
Dwayne K. Buttler and Kenneth Crews, director of Columbia University's copyright Advisory Office, have developed a helpful Fair Use Checklist. When using the checklist, keep in mind that it is only a tool and should not be considered definitive in determining Fair Use.