Skip to Main Content

Copyright & Fair Use

What is fair use?

Under the fair use doctrine, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. 

Is it fair use?

When determining whether a use would be considered a fair use, four factors should be considered:

First factor: The purpose of the use

Second factor: The nature of the copyrighted material

Third factor: The amount to be used

Fourth factor: The effect on the market for the work

Each of these factors should be weighed when conducting a fair use analysis. Determining fair use should be done on a case-by-case basis. The Office for Scholarly Communication will be happy to meet with you to discuss fair use and how it may apply to your teaching and scholarship. 

Columbia University has a helpful Fair Use Checklist that has been used for many years and is accepted as a fair use best practice.