Which uses of copyrighted material may qualify as fair use?

In copyright law, fair use is a legal doctrine that permits the use of portions of copyrighted material without the owner's permission under specific circumstances. Common examples that may qualify for this protection include criticism, scholarship, news reporting, and parody.1

Because fair use is not absolute and remains open to judicial interpretation, courts in the United States evaluate four primary factors to determine if a specific use is permissible:

• Purpose and character of the use: Transformative works that add new meaning or expression are favored over simple reproductions, and nonprofit educational uses are often viewed more favorably than commercial ones.1
• Nature of the copyrighted work: Factual works are more likely to qualify for fair use than highly creative works, and unpublished works receive greater protection.1
• Amount and substantiality: Using a smaller portion of a work increases the likelihood of fair use, though using the "heart" or most valuable part of a work may still constitute infringement.1
• Market effect: Uses that do not compete directly with or serve as a substitute for the original work are more likely to be considered fair.12