Copyright and Fair Use An Overview for Educators
The Only Definitive Answer “ The only way to obtain a definitive answer about the legality of perceived "fair use" today is to hear the verdict of a judge in the courtroom: everyone else's ideas about fair use truly are just opinions .” Copyright 101 for Educators By Wesley A. Fryer June 1, 2003
The four factors to be considered in determining whether or not a particular use is fair (as stated in Section 107 of U.S. Copyright Law): 1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work.
1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes:
Possibly Fair Use : Educational
in a face-to-face classroom environment.
Probably Not Fair Use : Educational
Published on a website with unlimited access.
Distributed widely in some other manner (e.g. film/video festivals or contests, tv, etc.