This guide provides general information related to copyright, but does not provide legal advice. The creators assume no liability for the accuracy, completeness or adequacy of information provided on this site or linked sites. For legal advice, readers should contact a qualified attorney.
Fair use is a limitation to copyright set forth in 17 U.S. Code § 107 for purposes such as criticism and commentary. There are four factors of fair use, each of which must be considered in an analysis:
Purpose and character of the use
Nature of the work
Amount and substantiality used
There are no bright-lines or blanket applications for fair use. The facts of each potential use must be evaluated against the four factors. If one aspect of the use changes, a new analysis should be done.
The best person to do a fair use analysis is the user. You understand the facts of the use and how the four factors apply better than anyone. There are several resources that can help you conduct a fair use analysis: