LibGuides: Writing & Citing: Fair Use

U.S. Code › Title 17 › Chapter 1 › § 107

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. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(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 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. (Legal Information Institute, Cornell Law School, 2018).

I. Single Copying for Teachers

A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:

A. A chapter from a book;

B. An article from a periodical or newspaper;

C. A short story, short essay or short poem, whether or not from a collective work;

D. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.

(Legal Information Institute, Cornell Law School, 2018).

OWL: Fair Use

This resource provides a few general strategies about how to use fair use policies and copyright laws. Anyone dealing with a specific legal issue or dilemma should contact a lawyer. Anyone making decisions about using multimedia in a class project should first consult the usage policy of their school or institution. The US Copyright Act contains relevant but complex sections that can inform teachers and students making a decision.

(Purdue Online Writing Lab, 2018)