Section 107 of the Copyright Act outlines fair use. Fair use is a powerful element of U.S. copyright law and a right that should be utilized. Criticism, comment, news reporting, teaching, scholarship, and research are listed in section 107 as examples of fair use, but simply teaching or scholarship is not enough to meet the requirements of fair use. There are four factors to be considered in determining whether or not a particular use is fair:
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There are common misconceptions than 10% or a single chapter is fair use, but there is no such rule. There are no specific number of words, lines, or notes that may safely be taken without permission. Additionally, acknowledging the source of the copyrighted material does not substitute for obtaining permission or qualify the use as fair use.