Section 107. Limitations on exclusive rights. Fair use
Excerpt from Title 17 U.S.C. by United States Copyright Office
More Information on Fair Use
by the United States Copyright Office
Fair Use Evaluator
Interactive tool to help you determine fairness and to support a fair use evaluation by Michael Brewer & ALA Office for Information Technology Policy
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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. |
Fair Use is a legal exemption to the exclusive rights of copyright holders and a defense against charges of copyright infringement. It allows for reproduction of copyrighted works under certain circumstances like teaching, criticism and scholarship, and it is predicated upon legal ownership of the material to be copied or shared by faculty or by the institution. Evaluation of Fair Use is measured against four factors.
Nonprofit educational use is favored over commercial use, and transformative use is favored over exact copies.
Transformative use adds to or changes the original work in a way that gives it new meaning or expression. Here are some examples:
Use of informational works is favored over use of creative works such as:
Only those portions or excerpts of a work that are relevant to the fair use purpose should be used, and use of consumable materials such as test forms, workbook pages, etc. is rarely favored.
Quantitative amount is relative to the length of the entire work - use only that which is needed to serve the immediate purpose. Suggested amounts:
Qualitative amount takes into account the value of the portion used, and the portion that is used should not be the “heart of the work” or core element.
Use of the work should not affect potential marketability or sales. Would your intended use of the work potentially displace sales?
This library guide is published for informational purposes and should not be interpreted as a substitute for legal advice.