2. What conditions must I meet to claim Fair Use?
In determining whether the use made of a work in any
particular case is a fair use the factors to be considered
shall include:
the purpose and character of the use, including whether
such use is of a commercial nature or is for nonprofit
educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or
value of the copyrighted work.
3. How much text can I use in a presentation?
Up to 10% or 1000 words of a copyrighted work may be
used, whichever is less.
An entire poem if less it is less than 250 words.
250 words or less may be used from a longer poem.
No more than 5 poems or excerpts of different poets
may be used from a poetry anthology.
Only 3 poems or excerpts may be used from a single
poet in a presentation.
4. How many photos can I use in a presentation?
No more than 5 images of an artist’s or photographer’s
work may be used in a single presentation.
When using photographs from a collection, no more
than 10% or 15 images (whichever is less) may be used.
A photograph or illustration must be used without
cropping or alteration.
5. Summarize Photocopying Fair Use.
A teacher can make a single copy of a book chapter, magazine or
newspaper article, picture from a book, magazine, or newspaper
for personal research or for teaching.
Multiple Copies - A teacher can make multiple classroom copies
of printed works.
A complete poem if less than 250 words or 250 words from a
longer poem
A complete article, story, or essay if less than 2,500 words
1,000 words or 10% (whichever is less) of an article or story more
than 2,500 words long
A single graphic or picture from book or issue
Combinations of prose, poetry, and illustrations up to 10% of
total
users must include copyright notice on the item
6. Summarize Commercial Fair Use.
Broadcast programs may be:
recorded and retained for a period of 45 calendar days from the date
of recording.
School days do not include weekends, holidays, vacations,
examination periods, or other scheduled interruptions.
used once by individual teachers in classroom teaching activities.
used with students only during first 10 school days.
repeated once during the first 10 school days for reinforcement if
necessary.
used after 10 days only by a teacher for evaluation purposes.
made only at request of and used by individual teachers.
7. Summarize Microcomputer Fair
Use.
1980 amendment to 1976 Copyright Act that defined
computer programs.
Copying is an infringement whether it is done for sale,
free distribution, or copier’s own personal use.
Liability for infringement usually falls on party owning
the computer.
Lending, renting, or leasing software is illegal without
permission.
8. What is Adaptation?
Adaptation is changing the media format of an
original work or modifying the work. You may NOT
enlarge, modify, or convert a copyrighted work to a
different medium without permission.
