What is "fair use"?

Put simply, fair use is part of the U.S. Copyright Law that allows people to use content under certain circumstances without asking permission of the person(s) who created the content.

U.S. Copyright Law is intended to protect the rights of creators of content (artists, writers, photographers, etc.).  It protects their exclusive right to distribute, copy, publish, prepare derivative works from, perform, or display their works for a period of time.

If you are not the creator or owner of the content, you cannot distribute, publish, copy, prepare derivative works from, perform, or display the work unless you can defend your use as "fair use" or with other exceptions within the U.S. Copyright Law.  Right now, we are only going to focus on the fair use exception.

Fair use of content is allowed as long as the use meets four criteria described in the law:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes  (If use is non-profit or educational, it favors fair use)

2. the nature of the copyrighted work  (If work is non-fiction, it favors fair use)

3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole (If using a small portion of the work, it favors fair use)

4. the effect of the use upon the potential market for or value of the copyrighted work. (If there is no or little effect from your use on the creator's ability to make money from their work, it favors fair use) 

Fair use may be applied by individuals or corporations; by for profit and nonprofit organizations. All four factors should favor fair use to be considered a "fair use".  Ultimately, consider the facts in your situation, how your situation fits within the four fair use factors, and determine how much risk you are willing to take.

To help determine whether your use is fair use see the Thinking Through Fair Use tool from the University of Minnesota.  Enter the facts of your situation into the tool and print or email the results.

For more information or help with copyright questions, contact Eileen Severson, extension 55546 or easevers@gundersenhealth.org

More on Fair Use:
5 Essential Facts About Fair Use
Copyright Fair Use and How it Works for Online Images
Copyright Resources from Gundersen's Health Sciences Library