What fair use is, and the four factors a US court weighs

The Copyright Office Fair Use Index describes fair use as a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.

Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.

The Fair Use Index says Section 107 identifies certain types of uses, such as criticism, comment, news reporting, teaching, scholarship and research.

Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.

The Fair Use Index says other factors may also be considered by a court in weighing a fair use question, depending on the circumstances.

In addition to the above, other factors may also be considered by a court in weighing a fair use question, depending upon the circumstances.

The Fair Use Index says courts evaluate fair use claims on a case-by-case basis and that the outcome of any given case depends on a fact-specific inquiry.

Courts evaluate fair use claims on a case-by-case basis, and the outcome of any given case depends on a fact-specific inquiry.

The Fair Use Index says there is no formula to ensure that a predetermined percentage or amount of a work can be used safely.

This means that there is no formula to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission.

The Fair Use Index says it is not a substitute for legal advice.

Although the Fair Use Index should prove helpful in understanding what courts have to date considered to be fair or not fair, it is not a substitute for legal advice.

The Fair Use Index says Section 107 calls for consideration of four factors in evaluating a question of fair use, and describes the listed types of uses as examples of activities that may qualify.

Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use. Section 107 calls for consideration of the following four factors in evaluating a question of fair use:

Section 107 of Title 17 provides that fair use for purposes such as criticism, comment, news reporting, teaching, scholarship or research is not an infringement of copyright.

the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

Section 107 lists four factors: the purpose and character of the use, including whether it is of a commercial nature or for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the work as a whole; and the effect of the use upon the potential market for or value of the work.

the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

Section 107 says the fact that a work is unpublished does not itself bar a finding of fair use, if the finding is made after considering all four factors.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Section 107 says that in determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include the four it lists.

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

The Copyright Office says it has been examining the use of copyrighted materials in AI training, and released a pre-publication version of Part 3, Generative AI Training, on 9 May 2025.