Fair Use Analysis Summary

The information below summarizes your four-factor fair use analysis. This summary is not conclusive, but is intended to help you make your own reasonable and well-informed decision.

A thorough fair use analysis is based on balancing the four factors. As you consider and examine each factor by itself, you also need to weigh the four factors against one another. At times, some factors may weigh more heavily for or against fair use than others. For example, even if the first three factors weigh in favor of fair use, the weight given to the fourth factor may tip the scale against fair use. It is the balance of the four factors that should guide you when deciding whether your use is a fair use.

Document to be copied: Dancing baby video
Date: 07-21-2008

Summary: Favors Fair Use

Your analysis of the four factors suggests that your proposed use favors fair use. An analysis that weighs favorably toward fair use supports this use of the material under the circumstances you described without getting permission from the copyright owner.


Detailed Report

In determining fair use there are no simple answers. Each use is dependent on the conditions for that use. After considering and examining the four factors, the factors need to be weighed against each other. No one factor makes the use fair or unfair. And, at times, depending on particular circumstances, some factors may carry more weight than others.

You've analyzed purpose to be neutral towards fair use.

You cited the following elements for your analysis:
Favors Fair Use
  • Transformative use (creates a new work with a new purpose)
 Weighs Against Fair Use
  • No attribution to original authors
  • Public distribution

Notes: This use is really about the baby, the music is barely intelligible and completely incidental.


You've analyzed nature to be neutral towards fair use.

You cited the following elements for your analysis:
Favors Fair Use
  • Published
 Weighs Against Fair Use
  • Creative, artistic, fiction

Notes: Music is very creative. But it was published work.


You've analyzed amount to be strongly favorable towards fair use.

You cited the following elements for your analysis:
Favors Fair Use
  • Small excerpt, extract, or clip
 Weighs Against Fair Use

Notes: There is only a small amount used, and even that is hard to identify much less enjoy.


You've analyzed market to be somewhat against fair use.

You cited the following elements for your analysis:
Favors Fair Use
  • Use stimulates market for original work, no impact on market
 Weighs Against Fair Use
  • Repeated use
  • Multiple copies, not for educational purpose

Notes: Well, the video would be viewed thousands of times, there studios do make licenses available, and the video was clearly not for educational purposes. Even though this copy will have no effect on the market for the original, this ends up tilting against fair use.