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Exceptions & reuse · United States

What counts as fair use?

Fair use can permit some unlicensed use, but there is no universal safe amount to copy.

U.S. law · Primary sources reviewed: October 31, 2026 (UTC)
In brief

Fair use is a case-specific U.S. copyright limitation. Courts consider four statutory factors together; no fixed number of words, lines, seconds or percentage automatically makes a use fair.

The four statutory factors

  1. Purpose and character. Why is the material being used, and how does the new use relate to the original? Commercial character may matter but is not decisive on its own.
  2. Nature of the copyrighted work. Creative, unpublished material can raise different concerns from factual published material.
  3. Amount and substantiality. Both quantity and the importance of what was taken matter. Even a short excerpt may contain the heart of a work.
  4. Market effect. Could the use substitute for the original or undermine a market reasonably served by licensing?

Common misconceptions

Attribution by itself does not turn an unauthorized use into fair use. Nor does nonprofit status, an educational purpose, or keeping an excerpt under an invented word-count limit automatically settle the question.

Before quoting or reproducing artwork

Identify what is being used and why, apply all four factors to the specific context, and check whether permission or a suitable license is available. Where a use is substantial or financially consequential, obtain qualified legal advice rather than relying on an online checklist.

Sources and further reading

Consult the original sources linked above. This guidance may be updated as further evidence is verified.

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