Fair Use Analysis

If the balance weighs in favor of fair use, then the work can be used without permission. However, if the balance weighs against fair use and other exemptions do not apply, then permission must be obtained to use the work. Please be aware that all educational use is not automatically fair use. The fair use analysis must be applied to each use of a work. Fair use is technology neutral, so the analysis may be used for any medium.

	First Factor	Second Factor	Third Factor	Fourth Factor
	What is the purpose and character of the use?	What is the nature of the work to be used?	How much of the work will be used?	What is the effect of the use on the market for the work?
Favors Fair Use	Nonprofit Educational Personal Teaching Criticism & Comment Scholarship & Research News Reporting	Fact Published	Small Amount	No Effect Licensing / Permissions Unavailable
Favors Permission	Commercial For Profit Entertainment	Creative Unpublished	Large Amount Heart of the Work	Major Effect Work is made available to the world

Table content with permission of Purdue University Copyright Office, 2003