Fact · Transcription
Under US copyright law, the first factor in deciding whether a use is fair is its purpose and character, including whether the use is commercial or for nonprofit educational purposes.
Checked against its source on October 17, 2026
In the source's own words
“(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes”
17 U.S. Code § 107 - Limitations on exclusive rights: Fair use, Legal Information Institute, Cornell Law School, n.d., 17 U.S.C. 107, factor (1).
Open the original- What it measures
- The statute lists four factors in total. The other three cover the nature of the copyrighted work, the amount used and the effect on the market for the work.
- What it does not show
- The statute lists factors, not a test with fixed weights. Courts decide each case on its facts, and this is not legal advice.