Exclusive Rights Fair Use

Spontaneous

Transformative

Educational

Repetitive Reproduction

Commercial

Exclusive Rights Fair Use

Orphan work

No viable market

Ready market

Exclusive Rights Fair Use

Not supplemental

Essential to course

Small Quantity

“Heart of the Matter”

Large quantity

Exclusive Rights Fair Use

Factual

Technical

Artistic or creative

Purpose and Character of Use

Amount of Work Used

Nature of the Work

Effect on the Market

No one factor determines fair use – consider the four together

Christine Fruin “Copyright and Fair Use.” ufdc.ufl.edu/trc/copyright