*Remember - just giving attribution to media DOES NOT make it a Fair Use.
Click here to learn more about Creative Commons Licenses
Media must include a URL under the picture in ALL project formats or a list of URLs at the end of videos and podcasts.
If your are NOT using Creative Commons or a Library Database, you must go to the image's original website and read the Terms and Conditions for each site and then determine Fair Use based on the Four Factors below.
There are four factors that are taken into consideration in determining whether or not a use falls within the fair use exception. They are:
1. The purpose or character of the use: is your use non-profit, educational, personal, parodic, commercial? Is it Transformative?
The Transformative Factor: The Purpose and Character of Your Use**
In a 1994 case, the Supreme Court emphasized this first factor as being a primary indicator of fair use. At issue is whether the material has been used to help create something new, or merely copied verbatim into another work. When taking portions of copyrighted work, ask yourself the following questions:
Has the material you have taken from the original work been transformed by adding new expression or meaning?
Was value added to the original by creating new information, new aesthetics, new insights and understandings?
2. The nature of the work being used: is your use factual or imaginative, or a mixture? Is it published or unpublished?
The second factor looks at the creativity of the work. Creative works have more protection than factual ones, so the more creative a work is the less likely the use will be considered fair under this factor.
Fair use tends to favor published works more so than unpublished works. The rationale for this is that authors should be able to decide when to publish their work.
| Favors Fair Use | Favors Permission |
| Fact | Fiction/Imaginative |
| Published | Unpublished |
3. The amount of the work being used, and its substantiality in relation to the whole: will you use a small or large amount? is the part you use central and essential?
| Favors Fair Use | Favors Permission |
| Small Amount | Large Amount |
| Amt. used is not significant to work | Amt. used is heart of the work |
4. The effect of the intended use on the market: will your use tend to diminish the market or ability of the creator to earn a profit from the original?
For Databases - only use the URL address as far as the domain name. For example,
AP Images would only include the following address:
http://www.apimages.org
See example of placing url beneath picture.
