What is fair use?

One of the more important limitations of copyright law for educators is the doctrine of “fair use” (title 17, U. S. Code).  Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. This section also sets out four factors to be considered in determining whether or not a particular use is fair:

1.    the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2.    the nature of the copyrighted work;
3.    amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4.    the effect of the use upon the potential market for or value of the copyrighted work.

The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.  Copyright protects the particular way an author has expressed himself; it does not extend to any ideas, systems, or factual information conveyed in the work.  The safest course is always to get permission from the copyright owner before using copyrighted material. When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of “fair use” would clearly apply to the situation.

For more detailed information on “fair use” see http://www.copyright.gov/fls/fl102.html