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If the answers to these two questions are "yes," a court is likely to find a use fair

whether the use will cause excessive economic harm to the copyright owner

the purpose of copyright—to promote the advancement of knowledge through balancing the rights of owners and users.

In some cases, this will mean using a clip or excerpt; in other cases, the whole work is needed. Whenever possible, educators should provide proper attribution and model citation practices that are appropriate to the form and context of use.

educators should provide reasonable protection against third-party access and downloads

educators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work

Students’ use of copyrighted material should not be a substitute for creative effort

Students should be able to understand and demonstrate, in a manner appropriate to their developmental level, how their use of a copyrighted work repurposes or transforms the original.

but cannot rely on fair use when their goal is simply to establish a mood or convey an emotional tone, or when they employ popular songs simply to exploit their appeal and popularity

material that is incorporated under fair use should be properly attributed wherever possible

attribution, in itself, does not convert an infringing use into a fair one.

If student work that incorporates, modifies, and re-presents existing media content meets the transformativeness standard, it can be distributed to wide audiences under the doctrine of fair use.

When sharing is confined to a delimited network, such uses are more likely to receive special consideration under the fair use doctrine

there are no cut-and-dried rules (such as 10 percent of the work being quoted, or 400 words of text, or two bars of music, or 10 seconds of video).

Transformativeness, a key value in fair use law, can involve modifying material or putting material in a new context, or both

Copyright Act itself makes it clear that educational uses will often be considered fair because they add important pedagogical value to referenced media objects.

If educators or learners want to share their work only with a class (or another defined, closed group) they are in a favorable position

if work is going to be shared widely, it is good to be able to rely on transformativeness

courts have found that asking permission and then being rejected has actually enhanced fair use claims.

We don’t know of any lawsuit actually brought by an American media company against an educator over the use of media in the educational process

in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.

In ordinary language, to call a copyright a "property" right is a bit misleading, for the property of copyright is an odd kind of property. . . . I understand what I am taking when I take the picnic table you put in your backyard. I am taking a thing, the picnic table, and after I take it, you don't have it. But what am I taking when I take the good idea you had to put a picnic table in the backyard—by, for example, going to Sears, buying a table, and putting it in my backyard? What is the thing that I am taking then? The point is not just about the thingness of picnic tables versus ideas, though that is an important difference. The point instead is that in the ordinary case—indeed, in practically every case except for a narrow range of exceptions—ideas released to the world are free. I don't take anything from you when I copy the way you dress—though I might seem weird if I do it every day. . . . Instead, as Thomas Jefferson said (and this is especially true when I copy the way someone dresses), "He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me."

arguments that Lessig has with the hard-core proponents of intellectual property are almost all arguments about where and when the line should be drawn between the right to copy and the right to protection from copying, not whether a line should be drawn.

when it comes to literature, we have somehow decided that copying is never acceptable.

A successful music executive has to understand the distinction between borrowing that is transformative and borrowing that is merely derivative, and that distinction, I realized, was what was missing from the discussion of Bryony Lavery's borrowings.

problem with plagiarism. It is not merely extremist. It has also become disconnected from the broader question of what does and does not inhibit creativity.

But the truth is that Lavery has every right to create an affair for Agnetha, because Agnetha is not Dorothy Lewis. She is a fictional character, drawn from Lewis's life but endowed with a completely imaginary set of circumstances and actions.

dred and seventy-five rather ordinary words could bring the walls tumbling down.