All four fair use factors must be considered when applying the Fair Use Doctrine. These are the factors that make a copyright violation "allowable" under the law.

1. Purpose and Character of Use -- Includes an analysis of whether the use was of a commercial or non-profit, educational nature, and to what degree the borrowed information was transformed. A case is far more likely to meet the spirit of fair use if it is one where the central purpose is for criticism, comment, news reporting, teaching, scholarship, or research. It is important to note that educational use alone does not constitute fair use.

2. Nature of a Copyrighted Work -- Addresses the issue of where the work to be used lies on the continuum between unprotected ideas and facts and protected expression. As the options for unique expression of the facts decreases, the likelihood of a ruling in favor of fair use increases.

3. Relative Amount -- Refers to the quantity and quality of the information taken. The less information taken, the more likely a ruling of fair use is likely. However, the law does not outline specific percentages. In addition, the farther afield the information taken is from the central message of the work, more likely a ruling of fair use.

4. Effect upon Potential Market -- Answers the question about if and how much profitability damage is created by use of the copyrighted material. Because money is such an important factor in many lawsuits, this factor is often given the most attention.