Copyright and Fair Use

Fair use is vital to the growth of knowledge.

Fair use is important for businesses, scholarship, and the arts. The creation of new ideas, including those for businesses and public services, are often dependent on work that has been previously done. Having a limited, but reasonable, exception to the exclusive rights of the copyright holder helps those engaged in all types all of research and development. In fact, the Computer & Communications Industry Association found that fair use positively impacts the economy.

• Fair use is a legal exception to the copyrights granted to the author of a work. It is a part of the U.S. Copyright law and is available to anyone considering using a copyrighted work.
• Not all educational uses are fair use. Although educational uses do tend to favor fair use, it is not enough to make a general statement that a work will be used for teaching and leave it at that. Even when a use is educational, the other factors must be considered as well.
• Fair use needs to be determined on a case by case basis. Each instance where a copyright protected work is being used, must be individually analyzed for fair use. It is not enough to simply consider the work you are creating and make a blanket statement declaring all instances to be fair use.
• Fair use is subjective. Copyright, especially fair use, can be ambiguous and subject to individual interpretation. There is no tool or method of analysis that will provide a guarantee of whether or not a particular use is fair. Instead people must rely on their informed judgment to make a good faith effort to decide if a use is fair. If you are uncomfortable with this kind of risk, ask permission to use the copyrighted work.
• Fair use will not cover all uses of copyrighted works. Although fair use is an important tool in supporting educational and research efforts, it is also important to realize that some uses of copyrighted works are not covered by fair use. In these instances, it will be important to look at other alternatives, such as asking permission or paying a licensing fee.

Copyright law provides some exceptions to the rights of copyright owners. Fair Use is one such exception but does not apply to all educational uses of copyrighted materials. It is your responsibility as the user of copyrighted material to weigh the four factors of Fair Use to determine if your use may be considered fair. Note, however, that a Fair Use analysis does not protect you from risk, but rather proves you were acting in good faith should you be accused of infringement. 

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.

17 U.S. Code § 107 - Limitations on exclusive rights: Fair use | U.S. Code | US Law | LII / Legal Information Institute. (n.d.). Retrieved from https://www.law.cornell.edu/uscode/text/17/107 

Consider the following when assessing your use:

1. Are you transforming the copyrighted material into something new and innovative or are you creating material that could be considered a replacement for the original?

2. Is the copyrighted material essential to your use? For example, will use of the material increase the students' understanding of the course or is using a specific clip of a video integral to a documentary? 

3. How much of the copyrighted material is essential to your use? Can the amount used be reduced without affecting the outcome?