iTechGuides is reader-supported. When you buy through links on our site, we may earn an affiliate commission. As an Amazon Associate I earn from qualifying purchases. Learn more
Fair use is a U.S. copyright doctrine that can allow someone to use copyrighted material without permission when the use qualifies under a case-specific legal analysis. Section 107 of the Copyright Act lists four factors courts consider together; there is no universal percentage, word count, or educational-purpose shortcut that guarantees a use is fair.
What fair use means
Fair use is a limitation on copyright that permits certain uses of copyrighted works without the copyright owner’s permission. It is codified in 17 U.S.C. § 107 and applies under U.S. law; it is not a universal rule for other countries.
| # | Preview | Product | Price | |
|---|---|---|---|---|
| 1 |
|
Copyright Law | $151.10 | Buy on Amazon |
| 2 |
|
Copyright Law: Cases and Materials (v8.0) | $21.70 | Buy on Amazon |
| 3 |
|
Copyright Law of the United States: and Related Laws Contained in Title 17 of the United States Code | $10.32 | Buy on Amazon |
| 4 |
|
Copyright Law in a Nutshell | $65.00 | Buy on Amazon |
| 5 |
|
Copyright Handbook, The: What Every Writer Needs to Know | $37.99 | Buy on Amazon |
The statute names criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, and research as examples of purposes that may support fair use. Those examples are not automatic exemptions. A use associated with one of them still has to be assessed under the statutory factors.
Do these 3 things before closing this tab:
1Scan for outdated or missing drivers - takes under a minute2Repair Windows errors before they cause bigger problems3Fix the driver behind crashes, sound loss and screen glitchesHow courts assess fair use
Section 107 says the factors to consider “shall include” four considerations. They are weighed together, not tallied as a scorecard, and other considerations may matter depending on the circumstances. The U.S. Copyright Office’s Fair Use Index describes the framework and provides examples of court decisions.
#1 Best Overall
1. Purpose and character of the use
Courts consider what the user is doing with the work, including whether the use is commercial or nonprofit educational. Nonprofit educational or noncommercial uses may be more likely to favor fair use, but neither status automatically settles the question. Commercial use is relevant, not an automatic bar.
Courts may also consider whether a use is transformative: whether it adds something new with a further purpose or different character rather than substituting for the original. Calling a use transformative does not by itself establish fair use.
2. Nature of the copyrighted work
This factor considers the work in light of copyright’s aim of encouraging creative expression. A highly imaginative work may weigh differently from a factual work. An unpublished work is less likely to favor fair use, but unpublished status alone does not prevent a fair-use finding; the statute expressly says the factors must still be considered.
3. Amount and substantiality used
Courts consider both how much was used and how important that portion is to the work as a whole. A brief excerpt can still be substantial if it captures the work’s “heart.” In particular circumstances, use of an entire work has also been found fair.
Rank #3
4. Effect on the potential market or value
This factor asks whether the use displaces the original or harms an existing or reasonably potential market for it. Courts may also consider the likely effect if similar uses became widespread. The question is not limited to whether the user charged money.
Is there a percentage that counts as fair use?
No fixed percentage, number of words, lines, pages, or copies guarantees fair use. The Copyright Office states: “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 amount taken is only one part of the analysis, and a small excerpt can still be qualitatively important.
Rank #4
Are educational uses automatically fair use?
No. Teaching and classroom copying are listed in the statute as examples of purposes that may support fair use, but educational context alone is not permission. The purpose and character of the use are considered alongside the work’s nature, the amount taken, and possible market effects. Likewise, nonprofit status does not automatically make a use fair.
A practical way to think through a planned use
These questions can help organize the relevant facts, but they are not a mechanical legal test or approval checklist:
Best Value
- Identify the material and your purpose. Note what copyrighted work you plan to use, how you will use it, and whether the use is commercial, educational, critical, or otherwise directed toward a distinct purpose.
- Consider the work itself. Ask whether it is mainly factual or creative and whether it has been published.
- Examine what you will take. Consider both the quantity and whether the portion is especially significant to the work.
- Consider substitution and market effects. Ask whether your use could replace the original or affect an existing or reasonably potential market, including if the same kind of use became widespread.
- Assess the factors together. Do not treat one favorable label or factor as decisive; the outcome depends on the particular circumstances.
What court decisions can—and cannot—tell you
The Fair Use Index can help readers find examples by subject and category, but it is not exhaustive. It ordinarily reflects the highest court decision in a case and provides summaries rather than the underlying opinions, so it is a starting point rather than a substitute for reading relevant decisions or getting legal advice.
As of the index’s July 2026 update, its examples included Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (2023), where fair use was not found, and American Society for Testing & Materials v. Public.Resource.Org, Inc., 82 F.4th 1262 (D.C. Cir. 2023), where fair use was found. Different outcomes underscore why a ruling should not be treated as a universal rule for other works or uses. The index may change as cases are added.
When to get legal advice
Only a federal court can determine whether a particular use is fair in a specific dispute. The Copyright Office says it cannot provide individualized legal advice about fair use. If a planned use carries meaningful legal or business risk, consider consulting an attorney familiar with copyright law.
Quick Recap
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
