LibGuides: Copyright: Fair Use and Copyright Exceptions for Education

Fair Use Doctrine (Section 107 of Copyright Law)

Copyrighted materials can be used in fair use.

The Fair Use Doctrine (Section 107 of U.S. Copyright Law) is a part of the Copyright Act of 1976 and is based on a history of judicial decisions that recognized that some unauthorized use of copyrighted materials were "fair uses."

Fair Use Checklist
The fair use checklist is a tool to assist you in making a reasoned and balanced application of the four fair use factors in determining whether a given use of a work is a fair use. The checklist outlines various factual circumstances that are important to the evaluation of a contemplated fair use. It derives from the four fair use factors and from judicial decisions interpreting copyright law.

Section 107 Section 107 calls for consideration of the following four factors in evaluating a question of fair use:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

In Favor of Fair Use	Against Fair Use
Nonprofit educational Teaching (including multiple copies for classroom use) Research or scholarship Criticism, comment, news reporting or parody Transformative (use changes work for new utility or purpose) Personal study Use is necessary to achieve your educational purpose	Commercial activity Profiting from use Entertainment; non-transformative For publication; for public distribution Use exceeds that which is necessary to achieve your intended educational purpose

2. The Nature of the Copyrighted Work

In Favor of Fair Use	Against Fair Use
Published work Factual or nonfiction work Important to educational objectives	Unpublished work Highly creative work (art, music, novels, films, plays, poetry, fiction) Consumable work (workbook, test)

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

In Favor of Fair Use	Against Fair Use
Small portion used Portion is not central or significant to the work as a whole Amount used in narrowly tailored to educational purpose, such as criticism, comment, research, or subject being taught	Large or entire portion used Portion is central to the work or the "heart of the work" Amount used is more than necessary for criticism, comment, research, or subject being taught

4. The effect of the use upon the potential market for, or value of, the copyrighted work

In Favor of Fair Use

Against Fair Use

No significant effect on market or potential market for copyrighted work
Use stimulates market for original work; no similar product marketed by copyright holder
No longer in print; licensing or permission unavailable
Supplemental classroom reading
One or few copies made or distributed
User owns lawfully acquired or purchase copy of original work
Restricted access to work (to students or other appropriate group)

Significantly impairs market or potential market for copyrighted work or derivative
Licensing or permission reasonably available
Numerous copies made or distributed
Repeated or long-term use that demonstrably affects the market for the work
Required classroom reading
User does not own lawfully acquired or purchased copy of original work
Unrestricted access on the web or other public forum

How Much Can I Use Under Fair Use?

Printed Material

Poem	Up to 250 words
Articles, Essays, Stories	Entire article, essay, or story
Books	Up to 10% or 1,000 words, whichever is fewer, but can use at least 500 words.
Charts, Pictures, Illustrations, Cartoons	1 per book or periodical issue.
Picture Books	Up to 2 pages
Sheet Music	Up to 10%, but less than a complete section, movement, or aria. Emergency copies before a performance may be made, if later replaced

Illustrations and Pictures

Individual Works	Up to 5 images per artist/photographer.
Collections	Up to 10% or 15 images, whichever is fewer.

Video

Classroom Viewing	Allowed for educational purposes
For Presentation or Project	Up to 10% or 3 minutes, whichever is shorter

Music/Audio

Classroom Listening	Allowed for educational purposes.
For Presentation or Project	Up to 10% or 30 seconds, whichever is shorter.

Television

Broadcast TV (news channels, PBS, etc.)	Allowed for educational purposes
Cable	Generally requires permisson

Internet

Linking to Internet resources is preferred over actual content. If you do use content, restrict usage to the fair use length guidelines for the material and include attribution and source.

Software

Software may be installed on multiple computers, but the maximum number of computers simultaneously using the software cannot exceed the number of software licenses purchased. Simultaneous use and prevention of copying must be “aggressively enforced.”

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