Fair Use
- What is Fair Use?
- When does Fair Use apply?
- Is my intended use within the limits of Fair Use?
- What if my intended use is outside the limits of Fair Use?
- What if I got the work from a web site?
- What if I created the work?
- What if a student created the work?
What is Fair Use?
Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and scholarship, and teaching. There are four factors to consider when determining whether your use is a fair one. You must consider all the factors below, even though all the factors do not have to be in favor of a use to make it a fair one.
The four fair use factors are as follows:
- The purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes;
- The nature of the copyrighted work, such as whether the work is fiction or non-fiction, published or unpublished;
- The amount of the work used in relation to the copyrighted work as a whole, such as using a poem in its entirety, or using one chapter from a long book;
- The effect of the use upon the potential market for the copyrighted work. (from U of Michigan)
When does Fair Use apply?
Just because your use is for non-profit educational purposes does not automatically give you permission to copy and distribute other people's work. While many educational uses may be fair, you will probably need to evaluate your use each time you are reproducing copyrighted material — to show in your class, to hand out copies, to include in your writing, or to post on Carmen. (from U of Michigan)
Is my intended use within the limits of Fair Use?
The law pertaining to fair use is rather vague and therefore it is not easy to define specific limits. The key to determining if your intended use falls within legal fair use you need to consider the four factors mentioned under "What is Fair Use?" Below is a link to a Fair Use Analysis Tool provided by the University of Minnesota that can help you in making decisions about fair use in your classroom.
- Fair Use Analysis Tool from the University of Minnesota: This tool helps you think through the your intended use of material by applying the four factors of fair use.
What if my intended use is outside the limits of Fair Use?
If you determine that your desired use is out side the limits of fair use, you have two main options. First, you can obtain permission form the copyright owner. This may require that you pay royalties to the copyright owner. Your second option is to change your proposed use. You may decide to use less of the copyrighted material and/or choose other materials that fall under fair use.
What if I got the work from a web site?
Works residing on a site that makes no mention of copyright should be presumed to be copyrighted; just because something is freely available on a website does not mean it is in the public domain. If a work is published online with a statement that it is in the public domain, you will have to judge whether or not these claims are trustworthy, keeping in mind that such claims will not protect you should a copyright holder object to your use.
You may encounter works online for which the author or creator specifically grants rights to use them, such as those released under a Creative Commons license. A Creative Commons license allows you to make certain uses of a work without asking for permission, provided you follow the terms set by the creator. (from U of Michigan)
What if I created the work?
Unless you created the work as part of your job as an employee or under contract as a work for hire, you are the author and the initial copyright holder. However, if you have transferred your copyright to someone else, such as a journal publisher, you are no longer the copyright holder and may not have any privileges to use the work. If you are not sure, you should consult your publishing agreement to see if you have retained any rights.
If you have not retained rights to use your work, then you must treat it like any other copyrighted work — decide whether the use you want to make is a fair use, and if it isn't, then ask for permission. (from U of Michigan)
What if a student created the work?
Students hold the copyright to the academic works they create, such as their papers, projects, theses, and dissertations. There are also privacy concerns related to the use of student work. If you wish to use student work, ask for permission. (from U of Michigan)