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Copyright: Fair Use

Copyright and FairUse Guidelines for Teachers

Click on the link below to view or print a PDF chart of the Copyright and Fair Use Guidelines for Teachers.

Fair Use Evaluator

Don't make quick decisions disseminating copyrighted works.  Use the evaluator!

Four Factors of Fair Use

Consider these four factors for each case of determining fair use:

  • The purpose and character of use

            Use original work; photcopies are less likely consider fair use

            If the work is altered and use for another purpose other than its original intent, it may be considered fair use

            Copyrighted works used for educational and non-profit purposes, may be considered fair use.

  • The nature of the work

            Unpublished works are less likely to be fair use

            Out of print works are more likely to be considered fair use

            Artisitic or factual?  Works of artisitic expressions are less likely to be considered fair use

  • Amount and substance of the portion use

            The more you use the less likely it is fair use

            Use only the amount needed to state your point

  • The effect of the use on the potential market of the copyrighted work

            A market for the work as it will be used is absent or is negligible & use of the work will have little or no negative impact on its value on potential value

            If the work is NOT currently under commercial exploitation it is more likely considered fair use

            If the work is used in a way that would allow for unauthorized use that could negatively impact on its value, it is less likely considered fair use.

            

Copyright and Fair Use Video

Click on the link to watch this short video titled, "Protected content: Copyright and fair use."  This segment is from the full video titled, "Plagiarism 2.0: Information ethics in the digital age," and is currently available in the Films on Demand streaming video collection.

Protected content: Copyright and fair use