Fair use is a pivotal concept in copyright law that allows for the limited use of copyrighted material without requiring permission from the copyright owner. Originating in the United States, this doctrine serves the dual purpose of protecting the economic interests of copyright holders while also facilitating the dissemination of knowledge and the advancement of cultural enrichment.
The notion of "fair use" is codified in Chapter 1 of Title 17 of the United States Code, specifically in Section 107. This section outlines the purposes for which fair use is acceptable, such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. However, these categories are illustrative, not exhaustive. Fair use determinations are inherently situational and rely on a multi-factorial analysis, often involving nuanced legal interpretations.
The United States law stipulates four factors that must be considered when evaluating whether a specific instance of copyrighted material usage qualifies as fair use. These factors serve as the cornerstone for virtually all fair use jurisprudence and should be carefully weighed before employing copyrighted material.
This factor examines how the copyrighted material is being used. Uses that are educational, non-commercial, and transformative are more likely to be considered fair. Transformative use refers to using the material in a way that adds new expression, meaning, or insight, as opposed to merely reproducing it.
Example in Teaching: Using a copyrighted image in a lecture slide to illustrate a point or stimulate discussion could be deemed transformative and educational, thus falling under fair use.
This factor focuses on the type of work being used. Creative or imaginative works like novels, movies, and songs are given stronger copyright protection than factual works or published academic articles. Therefore, using a factual or non-fiction work is more likely to be considered fair use.
Example in Teaching: Extracting data or factual information from a copyrighted research paper for the purpose of scholarly critique may be considered fair use.
This factor evaluates both the quantity and the quality of the copyrighted material employed. Using a small amount of a copyrighted work is more likely to be considered fair use, but even a small portion may not qualify if it constitutes the "heart" or most valuable part of the work.
Example in Teaching: Quoting a single sentence from a book in an academic paper is often considered fair use. However, quoting an entire chapter would likely not qualify.
This factor gauges whether the usage of the copyrighted material affects the market value of the original work or usurps the market of the original work. If the use has a negative impact on the market value or replaces the need for the original, it is less likely to be deemed fair use.
Example in Teaching: Distributing photocopies of an entire textbook for a course could negatively impact the market for the book and would likely not be considered fair use.
Need help deciding? Use the Fair Use Evaluator provided by the American Library Association's Office for Information Technology Policy or contact the College's Designated Copyright Agent.
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