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Course Reserves Guidelines and Policy

Understanding Fair Use

What is Fair Use?

The fair use doctrine allows, under certain circumstances, for certain limited uses of copyrighted works without obtaining copyright permission from the copyright holder.  For example, under the fair use doctrine, one may make copies for "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" (Section 107).


How Do I Know If Fair Use Can Be Applied?

To date there is no part of the law that specifically states that if you copy and use X amount of an item for Y purpose then it is protected under fair use. 

In short, applying fair use can be hard as there is no precise, clear cut determination for what is or is not allowed.  At present, a "four factors" test is used to determine if a proposed use is fair or not.   An important note, these four factors must be considered together with no one factor "trumping" the other three. 

These factors are:

  • (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes

  • (2) the nature of the copyrighted work

  • (3) the amount and substantially of the portion used in relation to the copyrighted work as a whole

  • (4) the effect of the use upon the potential market for or value of the copyrighted work

  

With regards to factor 1, the mentality of "Well, I'm doing this for school so it must automatically be fair use" can be dangerous.  Remember that you have to give equal weight to all four factors when determining fair use. 

For Example:

An instructor who wants to copy one chapter from one book for course reserves may be able to do so under fair use, however making several chapters from the same book available on course reserves may not be considered fair use. 

A Fair(y) Use Tale

To help you understand fair use, watch the video below from Stanford University's Center for Internet and Society, created by Professor Eric Faden of Bucknell University.