Research Guides: Fair Use: Four Factors Chart

*Four Factors*	*Characteristics in Favor of Fair Use*	*Characteristics in Favor of Requiring Permission*
Purpose and Character of Use	Nonprofit Educational Research Criticism Personal Transformative, i.e. new expression or meaning added to original Parody	Commercial Original merely copied, no added value or meaning Entertainment Bad-faith behavior
Nature of Copyrighted Work	Factual Published	Fiction Highly Creative Unpublished
Amount / Substantiality of Work Used	Small quantity Not the "heart" of the work Amount is appropriate for favored educational purpose	Large portion or whole work used Portion used is central to work or the "heart" of the work
Market Effect of Use	User owns lawfully acquired or purchased copy One or few copies made No significant effect on the market or potential market Original is unavailable Lack of licensing mechanism	Use competes with (takes away sales from) the original Avoids payment for permission in an established permissions market Numerous copies made Repeated or long term use Made accessible on Web or in other public forum

This chart is adapted from the Columbia University Fair Use Checklist by Kenneth D. Crews and Dwayne K. Buttler, CC-BY 4.0.