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How do I know my use of a work is fair?

Although there are no precise guidelines for knowing when a dealing is fair, there are factors which will be taken into account when deciding whether the use of material is fair or not:

1. The purpose and motives for use

2. The nature of the material being used

3. The amount (quantity and significance) of the material being used

4. The consequences of the use in terms of impact upon the market for the original material

For example, if the motive for use is primarily for profit, it will be considered less fair than use for educational purposes. Similarly, reproducing an extract of private unpublished material from an archive would be considered less fair than quoting from a published edition. The amount taken is also a factor, particularly as it is not limited to the quantity but also the significance of that portion to the work as a whole. Generally, the larger the portion used, the less likely it will be considered fair dealing. Finally, consider the effect that the use of the work may have on the market for the original: take no more than is necessary so that your work does not become a substitute for the original.

All material must be correctly referenced with the author and title of the work acknowledged.

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