Fair Use is the use of copyrighted content without the expressed permission of the copyright holder under certain circumstance. Whether a use is considered Fair Use is determined on a case by case basis. There is no 鈥渂right line鈥� universal rule for what constitutes Fair Use.
Four factors are used to analyze whether a use is Fair Use:
- 罢丑别听purpose and character of use, including whether the use is for commercial or noncommercial purposes;
- 罢丑别听nature of the copyrighted work; factual works, for example, are more likely to fall under fair use than highly artistic or creative works.
- 罢丑别听amount and substantiality of the portion used听in relation to the copyrighted work as a whole;
- 罢丑别听effect of the use upon the potential market听for or value of the copyrighted work.
All four of these factors should be weighed simultaneously when evaluating a fair use case.
See the听听for examples of Fair Use in higher education.
General Fair Use Resources
- 听- Extensive site that includes overview of copyright, permissions, and fair use, as well as case opinions, dockets, legislation, regulation, and articles
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听- Helps with fair use evaluations听under U.S. Copyright Code
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听- Simple checklist to assist with fair use evaluations
Fair Use Resources for Teachers
- 听- Provision of copyright law that provides for use of copyrighted works in the traditional classroom.
Fair Use Resources for Faculty
Fair Use Resources for Other Media
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听-听Fair use of images and visual resources