Copyright and Fair Use

An Overview for Educators

“The only way to obtain a definitive answer about the legality of perceived "fair use" today is to hear the verdict of a judge in the courtroom: everyone else's ideas about fair use truly are just opinions.”Copyright 101 for Educators By Wesley A. Fryer June 1, 2003

The Only Definitive Answer

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 four factors to be considered in determining whether or not a particular use is fair

(as stated in Section 107 of U.S. Copyright Law):

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

educational purposes:

• Possibly Fair Use: Educational

• in a face-to-face classroom environment.

• Probably Not Fair Use: Educational

• Published on a website with unlimited access.

• Distributed widely in some other manner (e.g. film/video festivals or contests, tv, etc.

2. the nature of the copyrighted work

• Possibly Fair Use:

• Factual; based on public documents.

• Probably Not Fair Use:

• Creative works

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

• Possibly Fair Use:

• Small percentage of original work.

• Probably Not Fair Use:

• Large percentage of original work.

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

•Possibly Fair Use:

• No impact on potential market or value of the original, copyrighted work.

• Probably Not Fair Use:

• Might have impact on value or potential market of the original work.