What is Fair Use?
The Doctrine of Fair Use (section 107) provides educators with considerable flexibility when using copyrighted materials for educational purposes. There are four factors to consider when seeking to use the doctrine.
Section 107 provides, in part:
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.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
http://www.law.cornell.edu/uscode/text/17/107
The following resources provide more detailed descriptions of the Doctrine of Fair Use.
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.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
http://www.law.cornell.edu/uscode/text/17/107
The following resources provide more detailed descriptions of the Doctrine of Fair Use.
For students |
For teachers |
Education Worldhttp://commons.wikimedia.org/
Despite its dense text, Education World's Copyright Series clearly explains what fair use is and provides useful guidance about its exceptions to educators. This copyright symbol is not subject to copyright and was found using the Advanced Search option in Google Images.
U.S. Copyright OfficeAll you want to know about fair use and more.
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Created by the Media Education Lab at the University of Rhode Island, the music video above illustrates principles of fair use when making music videos. It was created to support the Code of Best Practices in Fair Use for Media Literacy Education.
Code of Best Practices in Fair Use for Media Literacy Education
According to its authors, "this document is a code of best practices that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use."
Links to other fair use materials |