Characteristics of Fair Use
Faculty rely on the concept of Fair Use in the classroom. The factors of Fair Use allow faculty to share portions of text, video, music, images and maps with their students without permission from or payment to the copyright holder. Section 107 of the Copyright Act outlines guidelines, which help lawmakers determine is content used outside of permission from the copyright holder falls within Fair Use. Fair Use is typically used in the context of criticism, comment, news reporting, teaching and scholarship.
Let's break down Fair Use:
1. the purpose and character of your use
|Teaching (including multiple copies for classroom use)||Research|
|Comment||Restricted access (to students or other appropriate group)|
2. the nature of the copyrighted work
|Published Work||Factual or nonfiction-based|
|Important to educational objectives|
3. the amount and substantiality of the portion taken
|Small quantity||Portion is not central or significant to entire work ("the heart of the work")|
|Amount is appropriate for educational purposes|
4. the effect of the use upon the potential market.
|User lawfully purchased or acquired the copy of the original work||One or few copies made|
|Copying will not have a significant effect on the market or potential market for the work|
Source: Adapted from Columbia University's Fair Use Checklist. The Fair Use Checklist is licensed by a Creative Commons Attribution License with attribution to the original creators of the checklist Kenneth D. Crews (formerly of Columbia University) and Dwayne K. Buttler (University of Louisville).
- Last Updated: Oct 24, 2023 3:44 PM
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