Fair Use and Copyright

Fair use (section 107, U.S.C. Title 17) allows for the use of copyrighted material without permission from the copyright holder for purposes including, but not exclusive to: criticism, parody, news reporting, research, scholarship, and teaching.  The "fairness" of a proposed use is determined by the application and consideration of four factors. 

The four fair use factors are:

1. Purpose and character of your use.  In what way are you using the work?
2. Nature of the copyrighted work.   Is the work you are using fiction or nonfiction?  Published or unpublished?
3. Amount or significance of the portion used in relation to the copyrighted work as a whole.  How much of the work are you using?  Is it the "heart" of the work?
4. Effect of your use upon the potential market for the copyrighted work.  Is your use eliminating the need for the purchase of the original?

All four factors must be applied on a case-by-case basis.  However, all four factors do not necessarily need to lean in favor of fair use in order for a proposed use to be deemed "fair."  Some factors may be more significant than others depending on your proposed use.

What about "educational fair use?" While many educational uses favor fair use, you still need to evaluate your use each time you are reproducing, distributing or displaying copyrighted material whether to show in your class, to hand out copies, to post on Canvas or to include in your own scholarly work.

NOTE: No tool can accurately determine fair use in all its complexity all the time, but using the Fair Use Evaluator from the ALA Office for Information Technology Policy can be very helpful. 

The U.S. Copyright Law section on "fair use" (17 U.S.C. sec. 107) states that the use of copyrighted materials in teaching, including multiple copies for classroom use, is not copyright infringement provided the specific use "passes" a four factor test.  

The four fair use factors are:

1. Purpose and character of your use.  In what way are you using the work?
2. Nature of the copyrighted work.   Is the work you are using fiction or nonfiction?  Published or unpublished?
3. Amount or significance of the portion used in relation to the copyrighted work as a whole.  How much of the work are you using?  Is it the "heart" of the work?
4. Effect of your use upon the potential market for the copyrighted work.  Is your use eliminating the need for the purchase of the original?

Fair Use & Library Course Reserve:

In compliance with fair use guidelines, the following restrictions apply. You may request:

• A copy of only one article from any one journal, one periodical, or one newspaper issue (e.g. New York Times, 6/2/1953).
• A copy of only one chapter or not more than 10% from any book or other monograph (conference proceedings; miscellaneous report, unpublished paper etc.).
• A copy of only one poem, short story, or essay from a single volume whether or not from a collected work.
• A copy of only one drawing, cartoon or picture from a book, one journal, one periodical, one journal, or one newspaper issue.

View more info about Course Reserve Here. 

Fair Use & Sharing Content

Best Practice for Linking

To comply with vendor licensing agreements and accessibility best practices, please link directly to electronic content rather than posting downloaded files, such as pdfs. 

Persistent Links/URLs are the best way to link to library resources.

• The URLs from the address bar may work temporarily but are likely to be inaccessible at a later date or from off campus. Don't copy the URL from the address bar unless instructed. 
• Also called durable, permanent, stable, standalone link, document URL, or permalink
• Typically contain UMB information in the URL so the resource will know to route you through UMB access.
• Some databases provide persistent links with this information in the URL and others do not

This Library Guide on Copyright, Fair Use, and Creative Commons is maintained by Christine Elliott and Lauren Movlai and is licensed under a Creative Commons Attribution 4.0 International License. Check linked pages and guides for additional licenses and sharing restrictions.