Fair use is outlined in section 107 of the US Copyright Act. It specifies that fair use covers copyrighted work that is reproduced by making copies, phonorecords, derivative use, or any other means of recording or replicating a work can be used fairly under certain circumstances. The code specifies that use of such replications for “purposes such as criticism, comment, news reporting, teaching… scholarship, or research, is not an infringement of copyright.”;
, The purpose of the copying and sharing of the work is key in determining whether something is fair use. The main divisions that tend to stand out in the category of purpose are: is the use for commercial purposes? Is the use for educational or nonprofit purposes?


Most courts consider most uses of material for educational and nonprofit purposes.If you are profiting off of your reproductions, it is less likely that your use would qualify as fair (though there are many other factors involved).
 Another factor that weighs on the purpose of the work is whether you have added something new to the work that changes the original intent of purpose of the work. To qualify as a transformation, your purpose should not substitute for the original use of the work.For example, if you are a collage artist, it may be considered fair use if you create a collage of magazine covers as a comment on society. Though you are using copyrighted images, you are transforming the purpose of the images into your own visual art.
 The key factor considered under the umbrella of the work’s “nature” is whether the work is creative or factual. Facts and information are thought to benefit society, so their reproduction is more likely to be considered fair use.Reproduction of creative works are less likely to fall under fair use. This is, in part, because the purpose of copyright law is to encourage creative production.For example, information copied from a biography (which is fact-based) is more likely to be considered fair use than reproduction of a poem or a portion of a novel (which are creative works.), This speaks to the quantity of the work that is reproduced in comparison to the entirety of the work. In general, using a smaller portion of a large work is more likely to be considered fair use. However, there are circumstances in which a work can be reproduced in its entirety and still considered fair use (ie: if the purpose is transformed).


There are also examples of a replication of a small portion of a work being considered a violation of fair use because it was a memorable,significant, or original aspect of the work.Parodies of works often borrow a substantial amount of the original work, but usually qualify as fair use because they differ so greatly from the “heart” or purpose of the original., This includes current and future potential profits or marketability.Parodies can complicate this law as well. A parody can potentially harm the marketability of a work (by pointing out flaws, commenting on the intent behind the work, or offering other criticism), but because they do not really replace the original in the same type of market, they are often considered fair use., The best way to avoid a lawsuit is to just ask the original producer of the work for permission to reuse part of her work. She may wish to know the nature, quantity, and purpose of your replication before agreeing to grant you permission. Be aware that the creator of a work may not always be able to grant permissions (a publisher may hold the copyright, for example).


If you do receive permission to use a work, try to get the permission in writing to avoid later challenges.
 Some people hesitate to obtain legal counsel because they view it as expensive. However, paying for a lawyer to help you evaluate whether your use is fair is far less expensive than being sued for copyright infringement. If you are unsure whether your use is considered fair—especially if you are profiting off of your use in some way—you should likely find a lawyer who specializes in copyright law to help you.
 Some works will specify acceptable use by others. Check the “fine print” around any copyright information for any indication of what types of copying are permissible. Many works will specify, for example, that copying for private or educational use is acceptable.
 There are several tools available online that can enable you to determine whether your use is likely to be considered fair. Remember that fair use cases are determined on a case-by-case basis by the courts, however, so these do not guarantee that your use would be considered fair.


A fair use evaluator can be found here.
A checklist that can help you evaluate whether your use may be fair can be found here.
Consider the scope of fair use.
Identify the purpose and character of the use.
Ask yourself whether the purpose is transformational.
Determine the nature of the copied work.
Look at the amount and substantiality of the material used.
Acknowledge whether the use affects the value of the original work.A use is less likely to be considered fair if it infringes on the owner of the original work’s ability to profit from her work.
Ask for permission.
Consult a lawyer.
Look for permissions granted.
Use a fair use evaluator or checklist.
{"src": "wikihow-all_validation", "title": "How to Determine Copyright Fair Use"}