NINCH >> NINCH Programs >>Copyright >> Fair Use What is the Relationship between Fair Use Guidelines and Legislation? While any endorsed and formally accepted CONFU Guidelines have no force of law, they, in the form of a CONFU Final Report, will be submitted as part of legislative history and thus can be referenced in connection with the Copyright Act provisions on fair use. However, determination of whether a use is "fair use" or not will be determined by the courts, based on the Four-Factor analysis. Guidelines would not have the force of law in any legal determination.