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Home > About > Departments > Reserves
The Federal Copyright Law of 1976, Title 17 of the United States Code which
granted exclusive rights to copyright holders was later modified by The Fair Use
Statute, Section 107. This Fair Use doctrine balances the copyright holders
rights with society's need for copying for news reporting, criticism, teaching,
research, scholarship and parody. While the Fair Use doctrine allows limited
copying of copyrighted work without obtaining permission from the copyright
holder, Fair Use is not clear-cut. Congress deliberately avoided exact
parameters for claiming Fair Use to allow for flexibility and instead suggested
these four Fair Use guidelines to consider in determining whether a particular
use of copyrighted materials is fair use and therefore not an infringement:
1. What is the purpose and character of the use?
2. What is the nature of the work to be used?
3. What is the amount, substantiality or portion used in relation to the
copyrighted
work as a whole.
4. What effect would this use have on the potential market for the value of the
copyrighted work.
Purpose: While nonprofit educational purposes are favored over commercial uses,
this factor alone doesn’t constitute a fair use exemption. Generally the courts
favor transformative use (excerpts incorporated into a new paper or pieces of a
work mixed into a multimedia presentation) over reproduction of a work but the
courts have allowed multiple copies of some works even if not transformative.
Nature: This factor examines the characteristics of the work considered for
copying. Generally a published work is favored over an unpublished work.
Nonfiction is generally favored over fiction and print over media. The courts
are split on whether a published but currently out-of-print work should receive
fair use exemption. Photocopying a consumable workbook is never allowed.
Amount: is measured both quantitatively and qualitatively. The courts have not
recommended specific amounts. "Quantity must be evaluated relative to the length
of the entire original and in light of the amount needed to serve a proper
objective". While the copying of entire works is never considered fair use, the
courts have also ruled that copying even a small amount, if it is "the heart of
the work…may weigh against fair use."
Effect: Some courts have called this the most important factor in fair use
analysis. No copying, whether of an educational or commercial nature should
replace the sale of the copyrighted work. Having purchased a copy of the
original work weighs in favor of fair use while the availability of a license
would weigh against fair use.
These four factors must be balanced in considering fair use. Satisfying one
factor is not enough to claim fair use.
Sources: The Federal Copyright Law of 1975, Title 17 of the United States Code
Section 107 of The Copyright Act of 1976
Fair Use Overview and Meaning for Higher Education by Kenneth D. Crews,
Associate Professor of Law and of Library and Information Science; Director,
Copyright Management Center, Indiana University-Purdue University at
Indianapolis
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