LibGuides: Copyright, Fair Use, and More: Fair Use

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." -- Copyright.gov

Copyright law is quite complex and is constantly evolving largely due to changes in technology. Decisions made in copyright infringement cases will help clarify copyright law, but that will take time. In the meantime, this ambiguity works in favor of the student, teacher, educational institution, and library.

There are four factors to consider when deciding to fairly use copyrighted materials (see the checklist linked below), in fact, these are the properties courts assess when Fair Use issues end up in court. Keep them in mind.

Favors Fair Use	Opposes Fair Use
PURPOSE
Teaching Research / Scholarship Non-Profit Educational Institution Restricted access (to students / others)	Profiting from the use Entertainment Commercial activity Open access to anyone or by payment of a fee
AMOUNT
Small quantity Portion used is not central or significant to entire work Amount is appropriate for educational purpose	Large portion or whole work used Portion used is central to work or "heart of the work"
NATURE
Published work Factual or nonfiction based Important to educational objectives	Unpublished work Highly creative work (art, novels, films, music, etc.)
EFFECT
No significant effect on the market or potential market for copyrighted work No similar product marketed by the copyright holder User owns lawfully acquired or purchased copy of original work	Could replace sale of copyrighted work Significantly impairs market or potential market for copyrighted work You made it accessible on the Web or in other public forum Repeated or long term use

Learn more about Fair Use and check the "fairness" of your use of copyrighted resources using the Fair Use Evaluator.