University of Hawaii at Manoa LibraryLibrary CatalogResearch ToolsAsk Us Skip to main content

Copyright and Fair Use @ UH Manoa: Fair Use

Copyright guidelines for the University of Hawaii at Manoa Library and information for faculty and students on copyright and fair use of materials in education

What is Fair Use?

Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder. (See Title 17, section 107)

What Determines Fair Use?

The following four factors are used to determine if a use is fair:

  1. The purpose of the use (eg. commercial vs. educational)*
  2. The nature of the copyrighted work
  3. The amount of the material used (the greater the amount copied, the less likely it is fair use)
  4. The effect of use on the potential market for or value of the work

Sometimes when determining fair use, it is useful to boil these factors into two questions:

  • Did the use “transform” the material, meaning the intent and value of the original work was changed? (Factors 1, 2, and 4)
  • Was the amount of copyrighted material used appropriate to the new use? (Factors 3 and 4)

* Not all uses in an academic context are automatically considered fair use!

Fair Use in Academia

The Fair Use Doctrine is probably the most important exemption to copyright protections for educational settings, allowing many uses of copyrighted works for the purposes of teaching and research. The complexity of fair use and its importance in academia make it imperative that every affiliate of the University of Hawaii understands how to make judgements concerning fair use.

Review these Common Scenarios to help you determine whether or not fair use is appropriate.

Tools to help you Determine Fair Use

  • Fair Use Analysis Tool:  guides users through the process of determining if a use is fair. Developed by The University of Minnesota Libraries.
  • Fair Use Evaluator: helps users collect, organize, and document the information they may need to support a fair use claim, and  provides a time-stamped PDF document for the users’ records. Developed by the American Library Association, Office for Information Technology Policy.