Fair Use

Fair Use Logo

Outside of the UT System License, use of copyright protected material is dependent on the concept of ‘Fair Use,’ Section 107 of the United States Copyright Act. It presumes the use is minimal enough so that it does not interfere with the copyright holder’s rights. Fair use is designed to allow use of copyrighted works for research and education and also commentary, parody and news reporting.

In copyright cases, judges consider four factors in fair use:

  1. Purpose and character of your use.
  2. The nature of the copyrighted work
  3. The amount and substantiality of the portion that is used.
  4. The effect of the use upon the potential market

Fair use is not a straightforward concept and must be conducted on a case by case basis.


Photo: “fair use classroom poster draftf” by Timothy Vollmer CC BY 2.0