Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.
Four factors for determining fair use eligibility:
Purpose and character of use
Is the use intended for non-profit or educational purposes?
Nature of the copyrighted work
Is the work more creative, imaginative, or factual?
Amount and substantiality of work
How much of the work is used? Is the heart of the work used?
Potential effect on the market
Does the use harm future or existing market potential?
The application of a creative commons license does not impact the limitations and exceptions that apply to copyright, such as fair use. In other words, if the use of material is deemed fair use — for example if you use it for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, it is not an infringement of copyright — a CC license does not change that exception. If it is permitted by copyright, it is permitted with CC licensed materials.