Skip to Main Content
It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results.

Digital Media Arts

Fair Use for the Visual Arts Resources

Fair Use for the Visual Arts

Practice Using Fair Use for Art

“Classroom Discussion: Teaching Script About Fair Use in Making Art.” Center for Media and Social Impact, School of Communication/ American University, 2018,

Artists may use copyrighted works as long as they adhere to the principles of Fair Use. But what is "fair use"? 

There are four factors one must consider when conducting a fair use analysis:

1. Purpose and character of the work

2. Nature of the copyrighted work

3. Amount used

4. Market effect

Every case is different, and depending on the particulars of a given scenario, one of the four factors might weigh more heavily than another in determining whether use of a work is fair use or copyright infringement.

Judges ask:

1. Is the use for a new "transformative purpose"? (in terms of context, audience, added insight, etc.)

2. Does it employ an appropriate amount to fulfill the transformative purpose?


Charging Bull controversy

Fearless Girl update

Supplementary Materials for Fair Use Presentation

Privacy and Copyright for Photographers

What photographers need to know about privacy and copyright:

Fair Use Best Practices for Online Video