“Fair Use” doctrine - the copyrighted work of others is not infringed upon if it is used for fair purposes such as:
- Criticism
- Commentary
- Teaching
- Scholarship
- Research
- Religious performance
- Nonprofit performance
Factors to consider when determining whether the work was used under the “Fair Use” doctrine:
- Purpose and character of the use (commercial vs. not-for-profit, e.g. a book was used for education)
- Nature of copyrighted work (published vs. unpublished)
- Amount and substantiality of the portion used in relation to copyrighted work as a whole (was the main part of the work used or just a short excerpt?)
- Impact of the use on the market value of the work (how much the unauthorized use influences the ability of the owner to distribute his/her work at the marker and its price)