Fair Uses's Four Factors

Last time, we provide all of you the basic concept of "Fair Use". However, it is hard to clarify which works are considered as Fair Use, therefore, this week, we are providing you four factors of Fair Use. It is important to understand all of the factors not just each one of it because all of it is related to each other.

The Transformative Factor: The Purpose and Character of Your Use On this factor, the fair use is focused on the purpose of the work. The court will permit the work as fair use, if the work is used for the educational purpose including commenting, teaching, researching and the scholarship. This is what we called nonprofit educational uses. Even though, the work is used for commercially purpose, it may not break the copyrighted law. The law permit the copyrighted work that is transformative from the original work because the new meaning, the new utility, or the new understanding was created from the message.

The nature of copyrighted work: According to, the circulate of facts and information which benefits the public,So you have more leeway to copy from factual works such as biographies than you do from fictional works such as novels. In addition, you will have a stronger case of fair use if you copy the material from a published work than an unpublished work. The scope of fair use is widely for unpublished works because publishers has their right to control the first public appearance of their expression.For example,you might copy the information from the published source like article or study book than the information that not provide yet.

Amount and Substantial of the Portion Taken

This factors focus on the amount of a work, large or just few of it which it does not has the limits on quantity, you can also use it all, in case, you have transform it. Then, it depends on situation you use it.

The effect of use upon the potential market for or value of the copyrighted work

If this kind of use was widespread, what effect would it have on the original or for permission. Does your use impact the ability of the owner on making money. On this factor, It can be considered as a fair use, if the original work is out of print or unavailable, you can not identify the owner work. Apart from this, if you copy the whole thing or your use takes away the owner sales, it won't be fair use. Moreover, fair use depends on situation and context, use wisely.