GSU Library Research Guides: Copyright Overview: Fair Use

Copyright

What is Fair Use

Fair use is a concept embedded in Title 17, section 107 of U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder. Under this section fair use is determined by four factors:

The purpose of the use (e.g. 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!

The 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 the scholarly community understands how to make judgements concerning fair use.

Fair Use Overview
An overview of fair use from Standford's Copyright & Fair Use site.
Fair Use - Copyright Office Patron Questions
From the U.S. Copyright Office
Fair Use Summary
From the Copyright Crash Course at the University of Texas
Understanding Fair Use
Explanation of the four factors in determining fair use, from the University of Minnesota University Libraries.
Guidelines for Fair Use Best Practices
Best practices for fair use by discipline from the Center for Social Media
USG Fair Use Checklist
A downloadable Fair Use check list for the University System of Georgia. When using the Fair Use Checklist you should use one checklist for each usage instance and keep a copy of each for your records.
Code of Best Practices in Fair Use for Academic and Research Libraries
From the Association of Research Libraries; Center for Social Media, School of Communication, American University; and the Program on Information Justice and Intellectual Property, Washington College of Law, American University.
Visual Resources Association: Statement on The Fair Use of Images for Teaching, Research, and Study
Information on making fair uses of images in scholarly works.

Subject Guide

Laura Burtle

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Subjects: *Publishing and Open Access

Legal Disclaimer

This is for informational purposes only and is not legal advice. If you would like legal advice regarding copyright, your author's rights, or copyright clearance, contact GSU Legal Affairs.