What are the Four Factors?

The Four Factors laid down by Section 107 of copyright law are those to be used to determine whether a use of copyright material in a particular case is a "fair use" or not.

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Only the courts can determine whether a particular use is a fair use or not.

Douglas Bennett, in a section of the essay, "Fair Use in Digital Environments," reproduced on this page, speaks about the 1976 effort to produce guidelines for the fair use of material.

Back to Introduction