| If
the balance weighs in favor of fair use, then the work can be used without
permission. However, if the balance weighs against fair use and other
exemptions do not apply, then permission must be obtained to use the work.
Please be aware that all educational use is not automatically fair
use. The fair use analysis must be applied to each use of a work.
Fair use is technology neutral, so the analysis may be used for any medium.
| |
First
Factor |
Second
Factor |
Third
Factor |
Fourth
Factor |
| |
What
is the purpose and character of the use? |
What
is the nature of the work to be used? |
How
much of the work will be used? |
What
is the effect of the use on the market for the work? |
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| Favors
Fair Use |
- Nonprofit
- Educational
- Personal
- Teaching
- Criticism
& Comment
- Scholarship
& Research
- News Reporting
|
|
|
- No Effect
- Licensing
/ Permissions Unavailable
|
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| Favors
Permission |
- Commercial
- For Profit
- Entertainment
|
|
- Large Amount
- Heart of
the Work
|
- Major Effect
- Work is made
available to the world
|
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