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Copyright Basics: The Importance of Fair Use
Ever wonder what copyrighted materials you can use in an academic setting without asking permission of the copyright owner? The four factors of fair use can be used in almost every situation to determine whether you need to ask permission or not. The more your use fits the four factors of fair listed below, the more likely it would be considered a fair use.
It is advisable to consider these factors on a case-by-case basis, remembering that there are no absolutes. Fair use exists on a continuum. If your use conforms to most of the criteria below, you’re likely to be within the bounds of fair use. Otherwise, permission should be requested from the copyright owner.
The four factors of fair use:
(1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
Fair use favors nonprofit, educational use for teaching, research, and scholarship. Fair use also favors restricted access, i.e. students registered for a specific course.
(2) The nature of the copyrighted work
Fair use favors use of materials that are factual (news, science) as opposed to creative (art, music, films, novels, plays). Also favored are published works over works that have remained unpublished. The materials used should also clearly fit the educational purpose.
(3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole
Fair use favors use of small portions of the total worked deemed not central or significant to the entire work. The amount should be appropriate for the favored educational purpose.
(4) The effect of the use upon the potential market for or value of the copyrighted work
Fair use favors use of lawfully acquired or purchased copies of the original, one or few copies made, with no significant effect on the market or potential market for the copyrighted work. Fair use also favors situations where there is no similar product marketed by the copyright holder, and where there is lack of a licensing mechanism.
For more information about fair use and other copyright concerns in an academic setting, contact the Coordinator of Scholarly Communication at x3602 or email kcannon@muhlenberg.edu. See also:
And to see if a work is in the public domain, consult: