Edwin H. Mookini Library

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What is Fair Use?

Sometimes a copyrighted work can be used in a limited manner under the principle of fair use.

Copyright law contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research.

The four factors used in determining fair use are:

  1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
  2. the nature of the copyrighted work
  3. amount and substantiality of the portion used in relation to the copyrighted work as a whole
  4. the effect of the use upon the potential market for, or value of, the copyrighted work

The Stanford Law School Center for Internet and Society has created a video using clips from Disney movies to illustrate fair use. Be sure to pay attention to the "FBI warning" at the beginning!

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