1. Exclusive
Rights Fair Use
Spontaneou
s
Transformativ
e
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