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Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.” Use for one of these “illustrative purposes” is not automatically fair, and uses for other purposes can be fair. The statute lays out four factors to consider in deciding whether a particular use is fair.
Transformative purpose: Use of a work is transformative when it is used for a purpose different than the purpose for which it was originally created. For example, using advertisement images from the 1960s to discuss use of race in advertising is a transformative use, because the advertisements were originally created to sell products. Using a work transformatively weighs in favor of fair use. It can also impact other subfactors below.
Educational purpose: Using a work for educational purposes weighs in favor of fair use. For example, using a diagram of a biological process to teach about that process is an educational use. Similarly, using a cartoon as an example of an artistic technique you are teaching is an educational use. In contrast, using a cartoon for entertainment in a biology class is less likely to be an educational use.
Illustrative purposes: Using a work for any of the illustrative purposes, “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research,” weighs in favor of fair use.
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