Fair Use Guidelines

By: Kristina M. Shealy

How do I know if I
am within the
realm of fair use?

4 Questions to ask
yourself:
1. What is my intended purpose?
2. What is the nature of the prior

work?
3. What amount of the original work
will I use?
4. Will my use have an effect on the
market value of the prior work?

Lets
break
it
down

1. What is my intended
purpose?
Examples of fair use
purposes:
Criticism and comment
News reporting
Research and scholarship

2. What is the nature of the

prior work?
Factual or Fancy?
There are only a limited number of ways to
present factual information because of
this reason, there is more flexibility in using
factual works versus works of fancy.

3. What amount of the original

work will I use?
The more you use, the less likely it is

fair use.
Although there is not an exact word
limit for fair use, 10% is a decent
guideline.
The more you add or change, the
better possibility for fair use.

4. Will my use have an effect on

the market value of the prior
work?
Your use should not be competition

$
$$
$
$$ $$

for the prior work.

The more additions/changes you
make, the more it will differ from the
original, the less effect on the value
of the prior work.

Questions???

Fishman, Stephen (2011) The Copyright Handbook: What Every Writer Needs
to Know Berkeley, CA: NOLO
Pokonobe Associates (2000) JENGA Pawtucket, RI: Hasbro/Milton Bradley

References:

Special&Thanks
To:
My models/actors/children: Nicholas
Lucas Shealy