Copyright Guidance for Faculty

Four Factors of Fair Use

Factor 1: Purpose & Character of Use

Fair use favors educational, nonprofit, and transformative uses. Commercial use weighs against fair use but does not automatically disqualify it.

✅ Favors Fair Use:

• Showing a film in class for critique
• Creating a parody
• Using a book as a prop in a play

❌ Against Fair Use:

• Showing a film for entertainment at a party
• Adapting a book into a film
• Reading a book as part of a stage performance

Factor 2: Nature of the Work

Factual, published, and non-fiction works are more likely to qualify for fair use, while unpublished and highly creative works receive stronger protection.

✅ Favors Fair Use:

• Documentary about migrating birds
• Informational poster on amino acids
• Book analyzing Civil War economics

❌ Against Fair Use:

• Performing The Crucible
• Displaying Ansel Adams’ photographs
• Showing a blockbuster film

Factor 3: Amount & Substantiality

There are no strict limits on how much can be used, but using the "heart" of the work or large portions may weigh against fair use.

✅ Favors Fair Use:

• Posting a short film clip for critique
• Sharing one chapter of a book for class discussion
• Displaying an entire painting for commentary

❌ Against Fair Use:

• Uploading an entire film online
• Distributing a full book for class use
• Playing a full symphony unrelated to the lesson

Factor 4: Effect on the Market

If the use harms the market value of the original work, it likely does not qualify as fair use. Availability of licensing options also plays a role.

✅ Favors Fair Use:

• Using an out-of-print book for class discussion
• Posting an article on a password-protected course site
• Screening a film that is no longer available for purchase

❌ Against Fair Use:

• Copying a textbook instead of purchasing it
• Posting a journal article on a public website
• Showing a currently available film without a license

Each case is unique, and fair use must be evaluated based on all four factors together.