Research and Publishing

Section 107 of the U.S. Copyright code (Fair Use) provides four parameters, or factors, for interpreting the use of copyrighted material without the permission of the copyright holder as legal:

1. The purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work 
3. The amount and substantiality of the portion used in relation to the work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work

All of these factors are considered together when determining the use of copyrighted material as fair. Thus, an educational purpose alone does not necessarily make a use fair, nor does a commercial purpose necessarily make it unfair. 

Even using the Four Factors as a guide, the distinction between a fair use and infringing use of copyrighted material is not always clear. It is always best to ask permission to use copyrighted material.