Fair use can often be a frustrating quagmire. This tool was designed to help you make sense of the seemingly nonsensical exercise of a fair use analysis. 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?
As you progress through the Fair Use Guide, your responses are recorded and compared to the analysis of various courts in over 400 actual copyright cases. At the end of the Fair Use Guide, you will receive a level of confidence assessment based on the responses you provided. This level of confidence is not legal advice. The level of confidence simply analyzes your responses as compared to the reported case data, and indicates, based on the empirical data, how a court would likely find, if the court agreed with the representations you made in your responses.
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 Fair Use Guide IS designed to:
- help you more fully understand the concept of fair use;
- analyze your proposed use of copyrighted material;
- provide guidance and confidence of your use determination based on empirical data; and
- document your fair use analysis and decision.
The Fair Use Guide is NOT designed to:
- provide legal advice; or
- predict the outcome/determination of a court.