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Copyright

What is Fair Use?


Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials forpurposes of commentary, criticism, reaserch and education.

Fair use is not an exception to copyright compliance; it is more of a "legal defense." That is, if you copy and share a copyright-protected work and the copyright holder claims copyright infringement, you may be able to assert a defense of fair use which you would then have to prove.

Fair use is primarily intended to allow the use of copyright-protected works for commentary, parody, news reporting, research and education. However, not all uses in an academic context are automatically considered fair use.

The only guidance in determining whether the use of copyright-protected work is a fair use is provided by a set of factors outlined in the copyright law. Unfortunately, weighing the fair use factors is often quite subjective. For this reason, the fair use road map is often tricky and hard to navigate. To avoid a potential legal challenge from the copyright holder, many institutions follow a policy of "when in doubt, obtain permission."

The Fair Use Doctrine - Four Factors

U.S. Copyright Act, 17 U.S.C.
Chapter I - Section 107. Limitations on Exclusive Rights: Fair Use


Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include — 

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

For some more help thinking about how your class materials fit into this complex section of the copyright law, you might visit the University of Texas' Crash Course in Copyright

 

 
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