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Fair Use Overview

Fair use is a legal doctrine that exists to balance the rights of copyright owners with the interests of the general public. A favorable fair use conclusion allows you to to use copyrighted materials without permission or payment under certain circumstances. Fair use is determined on a case-by-case basis by evaluating four factors— purpose, nature, amount, and market effect— which are discussed further here. In addition to these factors, Section 107 of the Copyright Act specifically identifies the following examples as uses that may qualify as fair use:

  • Criticism and Comment
  • News Reporting
  • Teaching, Scholarship, and Research