Copyright Licensing Office Interactive Fair Use Guide (BETA)

Welcome to FUEL:
Fair Use Evaluation Log

We can help you make sense of the seemingly nonsensical exercise of a fair use analysis

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Answer
Questions

Answer a few simple questions to describe your proposed use

Receive
Analysis

Your answers are compared to hundreds of court decisions in fair use cases

Record
Results

Keep a record of how a court would likely decide your case based on your answers

Please Read the "Fine Print"

Fair Use Guide is based on empirical data, and is provided as an educational guide, not legal advice. The Fair Use Guide does not substitute for a consultation with a legal and/or subject-matter expert. If you have questions or concerns about your use, we recommend that you seek legal advice.


The information provided by this tool is based on the research and data of Clark D. Asay, a Woodruff J. Deem Professor of Law at the J. Reuben Clark Law School at Brigham Young University, as set forth in his article, Is Transformative Use Eating the World?

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Context

Please enter the following data if you would like to maintain a record of your fair use analysis. Section 504(c)(2) of the U.S. Copyright Act provides protection for educators and librarians who “believed and had reasonable grounds for believing” that their use was fair. Recordkeeping may be critical to demonstrating your good faith efforts in asserting fair use.

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Classroom Guidelines

The following questions are designed to help you determine whether your use falls within the scope of the “Classroom Guidelines,” which are available in Circular 21 published by the United States Copyright Office. The Classroom Guidelines “state the minimum and not the maximum standards of educational fair use.” Copies made in accordance with the Classroom Guidelines qualify as fair use.

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Factor 1

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes

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Factor 2

The nature of the copyrighted work

The following questions are to assist in making this determination:

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Factor 3

The amount and substantiality of the portion used in relation to the copyrighted work as a whole

The following questions are to assist in making this determination:

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Factor 4

The effect of the use upon the potential market for or value of the copyrighted work

The following questions are to assist in making this determination:

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