Factors to Consider | Possible Fair Use | Probably Need Permission |
Purpose and Character of Work | Noncommercial, Educational, Scholarly, Newsworthy | Commercial, Entertainment |
Nature of the Work | Factual, Based on Public Documents | Creative |
Degree of Use | Small Portion of Work Copied | Entire Work copied |
Portion Used Compared to Length of Work |
Small % used | Large % used |
Exposure | Single Use, Small Audience | Multiple Use, Large Public Audience |
Premeditation | Spontaneous | Systematic, Continuing |
Honesty of Use | Good Faith, Credit to Owner | Deception, Dishonesty |
Fairuse info, Warhol’s Images, NY Times - March 29, 2022
‘Star Trek’ and Dr. Seuss Mash-Up Not Protected, Court Rules, a copyright infringement claim, NY Times - Dec 21, 2020
Europe Adopts Tough New Online Copyright Rules Over Tech Industry Protests, NY Times - March 26, 2019.
Are copyright laws too strict?, New Yorker - October 20, 2014.
Copyright Ruling, Chronicle of Higher Ed - May 15, 2012.
Seeks to Solve Librarians’ VHS-Cassette Problem - article in online CHE - January 25, 2012.
Code of Best Practices in Fair Use for Academic and Research Libraries - January 2012.
"3-D" Printer and Copyright - article in the NYTimes, Nov 14, 2011, page B8.
Copyright and the World's Most Popular Song: Happy Birthday, and
2013 ruling
Copyright Clearance Center: easy-to-use solutions for permission to re-use content.
Motion Picture Association of America (MPAA): Links to Fair Use Articles on the MPAA site.
"Whenever a copyright law is to be made or altered, then the idiots assemble." from Mark Twain's Notebook, 1902-1903.
See twainquotes.com.