by Kathryn Pope and Esther Jackson

Fair Use Week 2026

February 23–27 is Fair Use/Fair Dealing Week, an “annual celebration of the important doctrines of fair use and fair dealing. It is designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain these doctrines.” Learn more about Fair Use/Fair Dealing Week, including public events on the themes of the week.

Select Events

• Fair Use Week Congressional Briefing Hosted by ARL and Re:Create
• Virtual Keynote Featuring Prof David Vaver Speaking On “User Rights Then and Now”

Fair Use

The idea of copyright–along with other intellectual property rights–is enshrined in the U.S. Constitution’s description of the powers of Congress. Article I, Section 8, Clause 8 states that Congress has the power “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” 

Fair use is a provision in copyright law that allows for the reuse of copyrighted work if the use is “fair.” Though fair use, or its precedents, date back before the Constitution was written, fair use as we know it today was codified in the 1976 U.S. Code TItle 17 section 107. Section 107 states “Purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” Four factors must be balanced when deciding if use of copyrighted materials can be considered fair.

Four Factors of Fair Use 

When determining whether or not there is a fair use argument to be made regarding a copyrighted work, four factors must be weighed. These are:

• Factor 1: The Purpose and Character of the Use
• Factor 2: The Nature of the Copyrighted Work
• Factor 3: The Amount or Substantiality of the Portion Used
• Factor 4: The Effect of the Use on the Potential Market for or Value of the Work

All of these factors are important when weighing fair use arguments. Factor 4 ends up being quite important in cases where a copyright holder does not believe that a fair use argument is reasonable, and wishes to recoup specific monetary damages for copyright infringement.

Fair Use Checklist

Fair use is a balancing act. Whether or not you are within the boundaries of fair use depends on the facts of your particular situation. The Fair Use Checklist (PDF) from the Columbia Libraries is a tool that you can use to assess whether or not you have a strong fair use argument. There is more information about fair use, and the checklist, on this page.

Other Fair Use Resources

• Fair Use (Columbia Libraries)
• Fair Use (Authors Alliance)
• Fair Use Fundamentals infographic (PDF; Association of Research Libraries)