Fair Use Doctrine


The doctrine of “fair use,” as described in the Copyright Act of 1976, Section 107, governs the type and amount of material that may be placed on reserve in the library or online in a course management system without seeking permission from the copyright owner.

These four factors determine whether “fair use” applies, or if you need to seek permission to copy or scan a reading for your course.

Here’s how the four factor “fair use” test works:

  • Use this checklist below, and see how the balance tips with each answer
  • Make a judgment about the final balance: do you have more check boxes on the left or the right? Overall does the balance tip in favor of “fair use” or in favor of getting permission? 

     

1. Purpose: How will the copied work be used?

Favoring Fair Use Opposing Fair Use
  • Nonprofit educational use
  • Commercial Use

2. Nature: What type of work is the original?

Favoring Fair Use Opposing Fair Use
  • Published work
  • Fact-based or nonfiction
  • Unpublished work Fiction or Creative work (art, photograph, music, novel, film, plays)

3. Amount: How much of the original work will be copied?

Favoring Fair Use Opposing Fair Use
  • Less than 10% of the whole work
  • One chapter from a book
    or one article from a journal issue
  • More than 10% - be scrupulous w/ other factors
  • More than 25% - seek permission

4. Effect: How will copying affect the market for the orginal work?

Favoring Fair Use Opposing Fair Use
  • Library does own
  • book is out of print
  • Journal article is more than 5 years old
  • First time use
  • Recommended reading
  • Library does not own
  • Book is in print
  • Journal article is less than 5 years old
  • Repeated / long term use
  • Required Reading