What is fair use?

Fair use is a limitation on the copyright holder's exclusive rights and provides that some uses of copyrighted materials do not infringe copyright. A finding of fair use is determined through the analysis and application of the four fair use factors:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

How do I know if my intended use is within the limits of fair use?

Conduct a fair use analysis to weigh the four factors for your use. These resources can help frame your analysis: 

• Follow the Four Factors of Fair Use: A video about using a fair use checklist to help conduct a fair use analysis
• Columbia University Libraries Fair Use Checklist: A printable fair use checklist
• OSU Health Sciences Library Fair Use Checklist: An interactive version of the fair use checklist

Questions about Fair Use?

Contact Copyright Services at 614-688-5849 or libcopyright@osu.edu.

A fair use analysis requires a balancing of all four fair use factors, to be evaluated on a case-by-case basis. The fair use statute provides only the framework for the analysis and application of the four fair use factors. This means that the law lacks specificity, but it also means that fair use is flexible enough to be applied in a wide variety of situations.

Watch the video below and refer to the fair use resources mentioned on this page to see how these factors may be analyzed.

If you do a fair use analysis and determine that your intended use does not qualify as fair use, consider the following options:

• Can you adjust your intended use to strengthen a fair use argument?  For example, could you reduce the amount of material or choose content from different works that might be more favorable to fair use?
• Will a hyperlink to the source work?
• Can you obtain permission directly from the copyright owner?
• Can you find an alternative work that is in the public domain or openly licensed?

More fair use tools and resources:

• Copyright Services: Fair Use
• ALA OITP Fair Use Evaluator - An interactive fair use tool from the American Library Association's Office for Information Technology Policy.
• Codes of Best Practices - Codes of best practices in fair use produced American University's Center for Media & Social Impact, in partnership with various professional groups.
• Fair Use Index - Brief summaries of fair use cases from the U.S. Copyright Office.