Which of the following would NOT constitute Fair Use?

A. A student including images of art works for an art history research paper with critical commentary on the images and their context.

B. A pop artist remixing sample images in a new artwork where the meaning of the images are transformed and given new contexts.

C. Photographs used on a public blog to improve the attractiveness of the site.

D. Use of a copyrighted pop song in a school promotional video for the purpose of background music.

The answers are: C and D.

The nature of the the works in both C and D refer to creative works (working against fair use). In C and D, the creative works are not used for purposes of teaching or criticism (working against fair use) and entire creative works are used. Images and music are used as dressing and not transformed to add new expression, insights or meaning.

Alternative paths might include: seeking the appropriate permission or a license, use one’s own photographs or music, use content in the Public Domain, use content that is royalty-free, or content with an appropriate Creative Commons license.

Sources: “Measuring Fair Use: The Four Factors.” Stanford University Libraries Copyright and Fair Use. Accessed February 19, 2016. http://fairuse.stanford.edu/overview/fair-use/four-factors/

Ericson, Margaret. “Tools to Analyze Fair Use.” Copyright:: Fair Use, Colby College Libraries. Accessed February 21, 2016. http://libguides.colby.edu/copyright/fairuse