This document discusses copyright and fair use. It provides an overview of the four factors of fair use: purpose and character of the use, nature of the copyrighted work, amount and substantiality of the portion used, and effect of the use on the potential market. Each factor is broken down into aspects that favor or oppose fair use. Examples of fair and unfair uses are provided. The document aims to help distinguish between fact and fiction regarding copyright and fair use.

1. Copyright & Fair Use
Distinguishing Fact from Fiction
Meghan Damour, 2017 MLIS Candidate & Intern
Ben Harnke, Education & Reference Librarian
John Jones, Instruction & Curriculum Librarian
Health Sciences Library | University of Colorado Anschutz Medical Campus

2. Things we wonder about
• Is anyone giving out paper
handouts?
• Is anyone using the library online
reserves system?
• Is anyone using youtube or other
online multimedia?
• Has anyone contacted the library
about purchasing online
materials?
What are your questions?

3. Copyright & Fair Use: Putting It In Context
• What is copyright? What is its
purpose?
• What is fair use?
• How does fair use relate to copyright?
• Why are librarians talking about this?

4. 17 U.S. Code § 107 - Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work,
including such use by reproduction in copies or phonorecords or by any other means specified by
that section, for purposes such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research, is not an infringement of
copyright. In determining whether the use made of a work in any particular case is a fair use the
factors to be considered shall include—
1. the purpose and character of the use, including whether such use is of a commercial nature
or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the 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.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made
upon consideration of all the above factors.
(Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2546; Pub. L. 101–650, title VI, § 607, Dec. 1, 1990, 104 Stat. 5132; Pub. L. 102–492, Oct. 24, 1992, 106 Stat. 3145.)

5. Can I upload articles into Canvas?
You’ve got a variety of full-text
PDFs journal articles which are
required reading for your course.
Is it fair use for you to upload
these for the students to access?
What kind of articles?
• 10 articles downloaded from
library subscriptions
• 3 articles from interlibrary loan
• 2 printed articles that need to be
scanned if e-versions can’t be
found

6. Purpose
Favoring Fair Use
 Teaching (including multiple copies for
classroom use)
 Research
 Scholarship
 Nonprofit educational institution
 Criticism
 Comment
 News reporting
 Transformative or productive use
(changes the work for new utility)
 Restricted access (to students or other
appropriate group)
 Parody
Opposing Fair Use
 Commercial activity
 Profiting from the use
 Entertainment
 Bad-faith behavior
 Denying credit to original author
the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes

7. Nature
Favoring Fair Use
 Published work
 Factual or nonfiction based
 Important to favored educational
objectives
Opposing Fair Use
 Unpublished work
 Highly creative work (art, music,
novels, films, plays)
 Fiction
the nature of the copyrighted work

8. Amount
Favoring Fair Use
 Small quantity
 Portion used is not central or
significant to entire work
 Amount is appropriate for favored
educational purpose
Opposing Fair Use
 Large portion or whole work used
 Is one article a whole work?
 Portion used is central to or “heart
of the work”
the amount and substantiality of the portion used
in relation to the copyrighted work as a whole

9. Effect
Favoring Fair Use
 User owns lawfully purchased or
acquired copy of original work
 One or few copies made
 No significant effect on the market or
potential market for copyrighted work
 No similar product marketed by the
copyright holder
 Lack of licensing mechanism
Opposing Fair Use
 Could replace sale of copyrighted work
 Significantly impairs market or
potential market for copyrighted work
or derivative
 Reasonably available licensing
mechanism for the use of copyright
work
 Affordable permission available for
using work
 Numerous copies made
 You made it accessible on the web or
in other public forum
 Repeated or long-term use
the effect of the use upon the potential market
for or value of the copyrighted work

10. Can I upload articles into Canvas?
PURPOSE
 Nonprofit educational institution
 Criticism/comment
 Restricted access (Canvas has both restricted and unrestricted
capabilities)
NATURE
 Published work
 Factual or non-fiction
 Important to favored educational objectives
AMOUNT
 Small quantity (What should we consider “small”?)
 Amount is appropriate for favored educational purpose
X Large portion or whole work used (Is one article a whole
work?)
X Portion used is central to the “heart of the work” (What is the
“heart” of an article?)
EFFECT
 User owns lawfully purchase or acquired copy of original work
(Library license, Interlibrary Loan, a paper copy from your
filing cabinet?)
 One or few copies made (5 or 500?)
 No significant effect on the market or potential market for the
work
X Reasonably available licensing mechanism for use of the work
(What is “reasonable”?)
X Affordable permission available for using the work (What is
“affordable”?)
X Numerous copies made? (Again, 5 or 500?)
X You made it accessible on the web or another public forum
(Behind a login? On a public blog?)
X Repeated or long-term use (What is long-term?)

11. Can I distribute articles in journal clubs?
You are a member of a journal
club with a few faculty and
students from your department,
as well as several researchers from
other institutions around the
state. You want to share your
article for the month with the
members of the journal club.
Are you within your Fair Use rights
to send PDFs of the articles to all
the members of the club?
Does the library licensing have an
impact on this?

12. Can I distribute articles in Journal Clubs?
PURPOSE
 Research/scholarship
 Nonprofit educational institution
 Criticism/comment
 Restricted access?
NATURE
 Published work
 Factual/non-fiction
 Important to educational objectives?
AMOUNT
 Small quantity (if we consider a “whole work” to be a
full issue of a journal)
 Amount is appropriate for favored educational
purpose
X Large portion or whole work (if we consider a “whole
work” to be a single article)
X Portion used is central/”heart of the work”
EFFECT
 User owns lawfully acquired copy
 One or few copies made (How many members in the journal
club?)
 No significant effect on the market or potential market for the
work
X Could replace sale of copyrighted work
X Reasonably available licensing mechanism for use of the work
(What is “reasonable”?)
X Affordable permission available for using work (What is
“affordable”?)
X Numerous copies made?
X You made it accessible on the Internet (emailed to colleagues
or posted on a public page? PDFs or links to institutional
holdings?)

13. Can a researcher reuse his methods
section in more than one article?
You’ve worked on your research
project for the last 2 years and
have published one article from
your data so far. You have some
other interesting or significant
findings which you’d like to write
about in other manuscripts for
publication.
Your methodology or methods
section would be the same for all
of these papers. Can you simply
reuse your methodology from one
paper to the next?
Can collaborative authors reuse?
Or does the journal which published
your first article own the copyright
to your methodology?

14. Can a researcher reuse his methods section in
more than one article?
What is not protected by
copyright?
1. Ideas, methods, or systems
Ideas, methods, and systems are not
covered by copyright protection. According
to the US Copyright Office, Circular 2, this
covers quite a few things including making
or building things; scientific or technical
methods or discoveries; business
operations or procedures; mathematical
principles; formulas/algorithms; or any
other concept, process, or method of
operation.
Includes recipes, formulas, compounds &
prescriptions.
What are some other things not
protected by copyright?
2. Commonly known information
3. Choreographic works
4. Names, titles, short phrases or
expressions
5. Fashion
6. Government works

15. Can I provide print or electronic articles for the
Continuing Education class I am offering at my
regional or national professional meeting?
You’d like to distribute paper or electronic copies of articles in
a CE class your are teaching for your national society.
Does this tip toward or away from Fair Use?
Is there a difference between paper vs. electronic copies?

16. Can I provide print or electronic articles for the
Continuing Education class I am offering at my
regional or national professional meeting?
PURPOSE
 Teaching
 Scholarship?
 Nonprofit educational institution?
 Criticism/comment?
 Restricted access (Thumb drive with articles or paper copies?)
X Profiting from the use? (Monetary or otherwise?)
NATURE
 Published work
 Factual or non-fiction
 Important to favored educational objectives?
AMOUNT
 Small quantity?
 Amount is appropriate for favored educational use
X Large portion or whole work used?
X Portion used is central to the work
EFFECT
 User owns lawfully acquired or purchased copy of original
work?
 No significant effect on the market or potential market
X Reasonable available licensing mechanism for use?
X Affordable permission available?
X Numerous copies made
X You made it accessible in a public forum?

17. Can I use a table from another study in my
manuscript?
You are preparing a manuscript for publication. You would
like to comment on the results obtained in another published
study. You have written the lead author and asked permission
to reproduce the table in your manuscript. The author has
denied your request. How would you proceed?

18. Can I use a table from another study in
my manuscript?
PURPOSE
 Research
 Scholarship
 Nonprofit educational institution?
 Criticism
 Comment
 Transformative use?
NATURE
 Published work
 Factual/nonfiction
AMOUNT
 Small quantity
 Amount is appropriate for educational purpose
X Portion is central to the work?
EFFECT
 User owns lawfully acquired copy
 No significant effect on the market or potential
market for the copyrighted work
X Impairs market or potential market for the work?
X Numerous copies made?
X Made accessible on the web?
X Repeated or long term use?

19. Can I use a YouTube video in my talk?
You will be presenting at a major conference in your field. As part of your
presentation you want to embed a video you found on YouTube. Are you
within your Fair Use rights to do so? What if you link to the YouTube video in
your slide?
What if you want to edit the clip, or splice a few clips together into one video?

20. Can I use a YouTube video in my talk?
• Purpose
 Teaching
 Research
 Scholarship
 Nonprofit educational institution?
 Criticism/comment?
 Restricted access?
• Nature
 Published work
 Factual or nonfiction?
 Important to educational objectives?
X Highly creative work?
• Amount
 Portion used is not central to the
work?
 Amount is appropriate for
educational objectives?
X Large portion or whole work used?
X Portion used is the heart of the
work?
• Effect
 Lack of licensing mechanism

21. Copyright & Fair Use
Distinguishing Fact from Fiction
John Jones, Instruction & Curriculum Librarian
John.Jones@ucdenver.edu | 303-724-2117
Ben Harnke, Education & Reference Librarian
Ben.Harnke@ucdenver.edu | 303-724-2146
Meghan Damour, 2017 MLIS Candidate & Intern
Meghan.Damour@ucdenver.edu | 303-724-2130
Health Sciences Library
University of Colorado Anschutz Medical Campus

22. Purpose
Favoring Fair Use
 Teaching (including multiple copies for
classroom use
 Research
 Scholarship
 Nonprofit educational institution
 Criticism
 Comment
 News reporting
 Transformative or productive use
(changes the work for new utility)
 Restricted access (to students or other
appropriate group)
 Parody
Opposing Fair Use
 Commercial activity
 Profiting from the use
 Entertainment
 Bad-faith behavior
 Denying credit to original author
the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes

23. Nature
Favoring Fair Use
 Published work
 Factual or nonfiction based
 Important to favored educational
objectives
Opposing Fair Use
 Unpublished work
 Highly creative work (art, music,
novels, films, plays)
 Fiction
the nature of the copyrighted work

24. Amount
Favoring Fair Use
 Small quantity
 Portion used is not central or
significant to entire work
 Amount is appropriate for favored
educational purpose
Opposing Fair Use
 Large portion or whole work used
 Is one article a whole work?
 Portion used is central to or “heart
of the work”
the amount and substantiality of the portion used
in relation to the copyrighted work as a whole

25. Effect
Favoring Fair Use
 User owns lawfully purchased or
acquired copy of original work
 One or few copies made
 No significant effect on the market or
potential market for copyrighted work
 No similar product marketed by the
copyright holder
 Lack of licensing mechanism
Opposing Fair Use
 Could replace sale of copyrighted work
 Significantly impairs market or
potential market for copyrighted work
or derivative
 Reasonably available licensing
mechanism for the use of copyright
work
 Affordable permission available for
using work
 Numerous copies made
 You made it accessible on the web or
in other public forum
 Repeated or long-term use
the effect of the use upon the potential market
for or value of the copyrighted work