Copyright and Fair Use

Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder. (See Title 17, section 107)

• See also: US Copyright Office Fair Use Case Summaries Index
• See also: CMSI Code of Best Practices in Fair Use
• OER-specific: Code of Best Practices in Fair Use for Open Educational Resources (PDF)
• Library-specific: Code of Best Practices in Fair Use for Academic and Research Libraries (PDF)

The following four factors are used to determine if a use is fair:

1. The purpose of the use (eg. commercial vs. educational)*
2. The nature of the copyrighted work
3. The amount of the material used
4. The effect of use on the potential market for or value of the work

* Not all uses in an academic context are automatically considered fair use!

The Fair Use Doctrine is probably the most important exemption to copyright protections for educational settings, allowing many uses of copyrighted works for the purposes of teaching and research. The complexity of fair use and its importance in academia make it imperative that every member of Shippensburg University understands how to make judgements concerning fair use.

Review these Common Scenarios to help you determine whether or not fair use is appropriate.

• Fair Use Evaluator: helps users collect, organize, and document the information they may need to support a fair use claim, and provides a time-stamped PDF document for the users’ records. Developed by the American Library Association, Office for Information Technology Policy.

• Fair Use Analysis Tool: guides users through the process of determining if a use is fair. Developed by The University of Minnesota Libraries.