Why fair use?

Fair use is a recognized exemption to the Copyright Law of the United States and one used by many faculty to streamline their teaching activities. Being able to claim fair use of a copyrighted work allows spontaneity in the classroom because it usually means not having to acquire permission of the author to use the work. Getting permissions can be time consuming, but infringement of copyright laws is not a trivial offense.(1) Fair use is your responsibility and your right.(2)

Fair use is a concept not a statute

Though recognized, fair use provisions in the copyright law are not definitive, but if you err on the side of caution there is less chance of a lawsuit and less chance of losing the lawsuit. (3)

Fair use can be qualitatively examined by weighing four factors: (4)

• The purpose and character of the use (educational v. commercial)
• The nature of the copyrighted work (factual v. imaginative)
• The amount and substantiality of the portion used (small % v. whole)
• The effect of the use on the market for the copyrighted (can't purchase v. on the market)

Can I still use it if I'm not sure it falls under fair use?

When in doubt, obtain permission or don't include it. Instead, refer to it or use a small portion of it. If it is not available electronically consider finding another reading/example that may be linked to through the more than 200 databases provided through Auraria Library.

References

(1) Liability / University of Texas
(2) Legal Affairs Regents Guide to Copyright / University System of Georgia
(3) Fair Use of Copyrighted Materials / University of Texas
(4) Fair Use Analysis Worksheet / University of Rochester

Also view:

	Copyright
	Copyright teaching resources
	Getting copyright clearance
	Plagiarism