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What is Fair Use?Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder. (See Title 17, section 107) What Determines Fair Use?The following four factors are used to determine if a use is fair: The purpose of the use (eg. commercial vs. educational)* The nature of the copyrighted work The amount of the material used (the greater the amount copied, the less likely it is fair use) The effect of use on the potential market for or value of the work * Not all uses in an academic context are automatically considered fair use!  Fair Use in AcademiaThe Fair Use Doctrine is probably the most important exemption to copyright protections for educational settings, allowing many uses of copyrighted works for the purposes of teaching and research. The complexity of fair use and its importance in academia make it imperative that every member of NYU-Poly understands how to make judgements concerning fair use. Review these Common Scenarios to help you determine whether or not fair use is appropriate. Tools to help you Determine Fair Use Fair Use Analysis Tool:  guides users through the process of determining if a use is fair. Developed by The University of Minnesota Libraries. Fair Use Evaluator: helps users collect, organize, and document the information they may need to support a fair use claim, and  provides a time-stamped PDF document for the users’ records. Developed by the American Library Association, Office for Information Technology Policy.  

Copyright Law DefinedCopyright law, as defined in Title 17 of the United States Code, protects "original works of authorship fixed in a tangible medium of expression" for a limited period. Copyright protection includes, for instance, the legal right to publish and sell literary, artistic, or musical work, and copyright protects authors, publishers and producers, and the public.  Copyright applies both to traditional media (books, records, etc.) and to digital media (electronic journals, web sites, etc.). Copyright protects the following eight categories of works: literary works musical works dramatic works pantomimes and choreographic works pictorial, graphic, and sculptural works motion pictures and other audiovisual works sound recordings architectural works Ownership of a copyrighted work includes the right to control the use of that work. Use of such work by others during the term of the copyright requires either permission from the author or reliance on the doctrine of fair use. Failure to do one or the other will expose the user to a claim of copyright infringement for which the law provides remedies including payment of money damages to the copyright owner.