Ask Us Your QuestionsFair use is an exception to copyright law which allows copyrighted materials to be used for teaching, as well as for purposes such as research, criticism, commentary, parody and news reporting (without obtaining permission) by applying a four factor analysis. It is important to note that all not all educational use is fair use.
How can I determine if my use is "fair use"?
Section 107 of the Copyright Act provides the framework for determining whether something is fair use. If you wish
to use copyrighted material without permission, Section 107 calls for consideration of the following four factors
in evaluating a question of fair use:
- 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
Fair Use Analysis
To help clarify what is considered fair use, please see the fair use analysis document:
Fair Use Analysis
For further assistance understanding fair use, please contact us at copyright@unt.edu.
Other Fair Use Resources
- Fair Use Evaluator- Created by Michael Brewer and ALA Office for Information Technology Policy, this tool can help you collect, organize, and archive the information you may need to support a fair use evaluation.
- Stanford University Libraries' Summaries of Fair Use Cases- Includes a list of fair use cases separated by topic: cases involving text, artwork, visual arts, audiovisual cases, internet cases, music cases and parody cases.
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U.S. Copyright Office Fair Use Index- As stated by the U.S. Copyright Office, the goal of the Index is to make the principles and application of fair use more accessible and understandable to the public by presenting a searchable database of court opinions, including by category and type of use (e.g., music, internet/digitization, parody).