Nonprofit and educational uses will generally weigh in favor of fair use as opposed to
Fair Use (§ 107)Fair use allows certain uses of copyrighted material without permission from the copyright holder. There are four factors to consider when determining whether your use is a fair one. You must consider all the factors, but not all the factors have to favor fair use for the use to be fair. Show
The four fair use factors are
Fair use favors “purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.” While many uses for educational purposes are fair, not all are. You need to evaluate your use each time you are reproducing copyrighted material — to show in your class, to hand out copies, to include in your writing, or to post on your course website. Fair use is codified at 17 U.S.C. § 107. Understanding the FactorsFirst Factor: "The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes"
Second Factor: "The nature of the copyrighted work"
Third Factor: "The amount and substantiality of the portion used in relation to the copyrighted work as a whole"
Fourth Factor: "The effect of the use upon the potential market for or value of the copyrighted work"
Frequently Asked Questions About Fair UseDoes fair use automatically permit all educational uses?No. Having an educational purpose weighs in favor of fair use. However, it can still be outweighed by the other fair use factors and subfactors. If I have determined that it is fair use to use a work in one term, do I need to reassess fair use if I use the work again?If any of the facts that impact the fair use analysis change, you should reassess fair use. For instance, the scope of fair use is broader if there is no way to license or purchase copies of a work. If copies or licenses become available, you should do a new fair use analysis. Will limiting access to the work improve the fair use case?In general, limiting access to the work will improve the fair use case. If possible, limit access to materials on your course website to students and necessary course personnel. Also, when appropriate, consider limiting the length of time a work is available on the course website in order to improve the fair use case. Does fair use permit me to post library materials on my course website?Sometimes. Whether fair use permits you to copy any particular work or a portion of a work for use on your course website has to be determined case by case based on the fair use factors. If the library resource you want to use is a licensed electronic resource, such as an ebook or an article database, your use of the item will depend on contractual terms in addition to fair use. In general, it is best to link to those licensed items instead of posting copies on your course website. If you need to use a licensed resource in a way that is not permitted by the license, contact a relevant library subject specialist. These librarians can help you obtain library resources for your course. For example, a subject specialist may be able to buy a license for an ebook that allows a greater number of simultaneous users. What if a work is out of print and not available for licensing? Does that improve the fair use case?First, note that being out of print is not the same as being in the public domain. If you believe the work is in the public domain, you may wish to consult the public domain resources elsewhere in this guide before making a fair use analysis. For in-copyright works, being out of print and unavailable for licensing will weigh in favor of fair use. Specifically, it will improve the fair use case under the fourth factor. However some uses of out-of-print and unlicensable works would not be fair. Be sure to consider all of the fair use factors when making your analysis. What if I only provide a small percentage of the work, like a chapter from a 20 chapter book? Is that fair use?
Using less of a work will generally improve your fair use case. However, there is no fixed percentage below which all uses are fair. Some uses of small amounts of works are not fair. Conversely, it can be fair use to use the entire work in some cases. Be sure to consider all of the fair use factors when making your analysis. Should I document my fair use decisions? How?It is not necessary to document your fair use analysis in order to rely on it later in court. However, keeping notes on your fair use decisions can make it easier to review them. That may be helpful if you want to review fair use decisions made by others (e.g., department staff and graduate student instructors) or if you will be using a work again and need to review your own fair use decision. If you want to record your fair use analysis, we recommend the Fair Use Checklist from the Columbia Copyright Advisory Office. The Fair Use Checklist is also helpful as a guide for those who are learning to apply fair use. Resources on Fair Use
Which purposes are favored by fair use?Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.” Use for one of these “illustrative purposes” is not automatically fair, and uses for other purposes can be ...
What is more likely to be considered in fair use?Using material from primarily factual works is more likely to be fair than using purely fictional works. Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions.
What are the 4 fair use exceptions to copyright?Fair use of copyrighted works, as stated in US copyright law, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”
What is the purpose of fair use?Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.
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