What is Fair Use?

What is Fair Use?

Fair use is a loophole in copyright law. Exercised properly, fair use allows educators the right to use copyrighted works in the classroom and online. See 17 USC §107.


A common misunderstanding is that fair use applies in a non-profit educational setting all the time. This is not true. Most uses are considered fair only the first time around. Using a work repeatedly, without permission, may be against the law. If you wanted to use a copyrighted work more than once, you could obtain permission from the copyright holder. Otherwise, it’s best to find new material.


If you would like to use a copyrighted work one time, and you want to pass through the fair use loophole safely, you need to follow a few rules. To do so, you must become familiar with the Four-Factor Test and the Guidelines for Classroom Copying.

The Four-Factor Test is an approved method for deciding on a case-by-case basis, whether or not you can use a copyrighted work. The test covers the following four areas:

1. Purpose
   
   
2. Nature
   
   
3. Amount
   
   
4. Market Effect
   
   
5. Bad Faith: If at any point the infringer exercised “bad faith” by not seeking permission, or using what s/he knew was an unlawfully made copy that weighs heavily against fair use.
   

1. Check all boxes that apply in the first three sections: Purpose, Nature and Amount.
   
   
2. If, in the first three sections, you have more checkmarks on the side favoring Fair Use, consider the use fair and save a copy of the checklist for your records. (You will receive a Fair Use Checklist when placing materials on reserve).
   
   
3. If, in the first three sections, more checkmarks fall on the side opposing Fair Use, go on to the fourth section; Effect.
   
   
4. If, in the fourth section, your checkmarks fall on the side favoring Fair Use, consider the use fair for one time use.
   
   

Last Updated 03/14/08