Four conditions are required to apply Fair Use:

1. The purpose and character of the intended use. Is the use transformative? Does it advance new knowledge? Is it for commercial gain?

2. The nature of the copyrighted work. Is the original basic or factual? Is it a work of fancy? Has it ever been published? Is the published form out of print?

3. The amount and substantiality of the portion to be used in related to the copyrighted work as a whole. Is the portion you want to use large in amount, proportion, or importance?

4. The effect of the use on the potential market for, or value of, the copyrighted work. Will your use have a negative impact on the market or value of the original? Will it lead to further copying by others? Can you show that your use did no harm to the value of the original?

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   Next: Education and Fair Use
   Back: What is "Fair Use"?
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   Copyright © April, 1997, by Carol Scheftic (based on original work at The Geometry Center and used with permission). All rights reserved.
   Please send comments on this page, or requests for permission to re-use material from this page, to: scheftic@geom.umn.edu