COPYRIGHT AND FAIRUSE GUIDELINES

Copyright and FairUse Guidelines A two-page chart that you can open and print for reference. In a clear and easy-to-use format.

COPYRIGHT AND THE FAIR USE DOCTRINE

Federal copyright law guarantees authors and producers the exclusive right to reproduce, distribute and perform/display their creative works. This protection is intended to ensure that the originators of these works derive the financial benefit of their endeavors.

In order to facilitate research and the free flow of information of ideas, however, the (current) Copyright Law of 1978 includes a fair use doctrine. Four criteria are used to determine whether an action represents a fair use of the material or a violation of the Copyright Law. All four criteria must be met to qualify as fair use.

Fair Use Criteria

1. The purpose and character of the use (whether such use is for commercial or for non-profit education purposes.

2. The nature of the copyrighted work (whether the work is print of non-print, fiction or nonfiction, for example).

3. The amount and substantiality of the portion used in relation to the whole copyrighted work (how much is copied and whether it is a significant portion of the whole).

4. The effect of the use upon the potential market for or value of the copyrighted work (whether the creator is denied potential income).

Because classroom use of materials qualifies as a “nonprofit educational purpose,” educators are granted an exception to copyright law provided the other three fair use criteria are met. It is a common misconception that any copying for education use is permissible, simply because it is for education. This is not true; all four fair use criteria must be satisfied.