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Copyright Basics: Fair Use Determining Fair Use Exceptions for Libraries and Archives Exceptions for the use of Materials in an Educational Setting   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 or its agent. These include instances of minimal use that do not interfere with the copyright holder's exclusive rights to reproduce and reuse the work. Fair use is not an exception to copyright compliance; it is more of a "legal defense." That is, if you copy and share a copyright-protected work and the copyright holder claims copyright infringement, you may be able to assert a defense of fair use which you would then have to prove. Fair use is primarily intended to allow the use of copyright-protected works for commentary, parody, news reporting, research and education. However, not all uses in an academic context are automatically considered fair use. The Copyright Act does not spell out the specific types of content reproduction that qualify as fair use. It offers an outline as to how to analyze whether fair use may apply in a particular situation. As a result, the Copyright Act leaves it up to the individual to determine, based upon the factors in Section 107 of the Act, whether fair use applies in each particular circumstance. To avoid a potential legal challenge from the copyright holder, many institutions follow a policy of "when in doubt, obtain permission."

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.  

An Introduction to Fair Use What is Fair Use? Fair use is the most significant limitation on the copyright holder's exclusive rights (United States Copyright Office, 2010, para. 1). Deciding whether the use of a work is fair IS NOT a science. There are no set guidelines that are universally accepted. Instead, the individual who wants to use a copyrighted work must weigh four factors: