What is Fair Use? Fair use is the educational exemption for copyright law. The educational exemption allows for limited reproduction and distribution for the purposes of criticism, comment, news reporting, teaching, research, & scholarship. Criteria for determining fair use: Purpose of reproduction of work Nature of the work being reproduced Amount of the work being reproduced Effect of reproduction on compensation.

Fair Use Criteria: Purpose Favoring Fair Use  Teaching  Research, scholarship  Non-profit educational institution.  Criticism, Comment.  Reporting  Parody.  Limited audience Opposing Fair Use  Commercial activity  Profiting from use  Entertainment  Bad-faith behavior  Denying credit to original author.

Fair Use Criteria: Nature of the work Favoring Fair Use:  Factual  Non-fiction.  Meets specific educational objectives. Opposing Fair Use:  Unpublished work  Highly creative- art, film, plays, music.  Fiction.  Exceptions are creative works that relate to a specific educational objective.

Fair use criteria: Amount of work copied. Favoring Fair Use:  Small quantity  Portion is not central to entire work  Amount is appropriate to educational objective. Opposing Fair Use:  Large portion or whole work is used.  Portion is the “ heart of the work”.

Fair Use Criteria: Effect on original work. Favoring Fair Use:  Item being copied is legally acquired or purchased.  One or few copies made.  No effect on market or potential market.  Lack of licensing mechanism Opposing Fair Use:  Could replace sale of item being copied.  Impairs market for item.  Available licensing.  Affordable permission available.  Numerous copies made.  Distributed on Web or other public place.  Repeated or long-term use.