Copyright Resources

Fair Use is an exception to United States copyright law, where a person/entity who does not own the copyright in a work can use it without having to obtain the copyright owner's permission. 

There are four factors of Fair Use to consider when evaluating your use of a copyrighted work.

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.

While the library cannot provide legal advice, there are many helpful resources about copyright and fair use available. In addition to the US Copyright Law, we have Resources for Further Reading, including a "Fair Use Checklist" that can be used for your evaluation of whether your use might be considered a Fair Use.

In 2014, Kevin Smith and Lisa Macklin (both lawyer-librarians) published "A Framework for Analyzing any U.S. Copyright Problem." Still relevant years later, the guidance helps place Fair Use in context as one tool in the toolbox to determine if you can legally use a publication to which you do not own the copyright. The guide is meant for individuals to strategically consider their options when wanting to use someone else's copyrighted materials.

The authors suggest working through five questions, in order to determine what solutions might be relevant for the need. Notice that Fair Use doesn't appear until question 4.

1. Is the work protected by copyright?
2. Is there a specific exemption in copyright law that covers my use?
3. Is there a license that covers my use?
4. Is my use covered by fair use?
5. Do I need permission from the copyright owner for my use?