Copyright Law and Fair Use Guidelines:
What is “Fair Use?”
Fair use privileges allow for the limited use of copyrighted materials, for the purpose of 
meeting specific educational and instructional goals. There is no such thing as “fair use 
law” – there are only fair use guidelines. In any question about fair use which may 
arise between the holder of a copyright and the user of copyrighted material, the courts 
will weigh in heavily on the side of the copyright holder, regardless of how the material 
was used or intended to be used.

Copyright Law and Fair Use Guidelines:
What is “Fair Use?”
Fair use privileges allow for the limited use of copyrighted materials, for the purpose of 
meeting specific educational and instructional goals. There is no such thing as “fair use 
law” – there are only fair use guidelines. In any question about fair use which may 
arise between the holder of a copyright and the user of copyrighted material, the courts 
will weigh in heavily on the side of the copyright holder, regardless of how the material 
was used or intended to be used.

What are the Most Elemental Things I Need to Know about Copyright Law and 
Fair Use?
Four factors are considered in determining whether or not the use of a copyrighted 
work is fair use:
● The purpose and character of the use—whether it is being used for 
educational and instructional purposes.
● The nature of the copyrighted work. Does it serve a specific educational 
purpose? Or, is it just “fluff” which really doesn’t further an instructional goal?
● The amount and substantiality of the portion of the work used, in relation to the 
copyrighted work as a whole. Was an entire TV program or magazine article 
used, when in fact a short segment of either would have adequately served 
the purpose of instruction?
● The effect of the use upon the potential market for, or the value of, the 
copyrighted work. Did the use of the material actually or potentially damage sales 
or profits from the material?