HOW DOES FAIR USE WORK
 
 
 
Whenever you want to use copyrighted materials, consider the following factors: purpose, nature, amount & sustainability, and potential marketability. As you proceed through those factors, think of a balance scale. Which way do you tip after you answer each question?
 
PURPOSE: What is the reason for using this material in the first place? If it is for educational, nonprofit, or personal use, your use will most likely fall under Fair Use Guidelines. If you are using it for commercial purposes, it is probably not fair use. In addition, is your use tranformative. This means does the work offer something above and beyond the original.
 
 
 
 
 
 
 
 
 
 
NATURE: Is the copyrighted work published or unpublished? Is the copyright work out of print? Is the work factual or artistic? The more a work tends toward artistic expression, the less likely it is considered fair use.
 
 
 
 
 
 
 
 
 
AMOUNT & SUSTAINABILITY: How do you intent to use the work? How often will you use it? How much of the work are you considering. The more you use, the less likely it will be considered fair use.
 
POTENTIAL MARKETABILITY: Does your use of the copyrighted materials have a negative economic impact to the owner?
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Four Factor Test