Student Copyright Guide: Fair Use

Fair use is a doctrine allowing the use or reproduction of copyrighted works without permission from the author, as long as certain conditions are met.

Using copyrighted work in a transformative way, such as altering it significantly or using it for a different purpose, is a large factor in fair use.

The most common cases of fair use are criticism, commentary, and parody. This also applies in education, research, and reporting. However, using a copyrighted work for an educational purpose does not automatically make it fair use.

ALA Copyright  - Fair Use 

Fair Use Checklist (Columbia University)

Fair Use Evaluator (American Library Association)

The following four factors are very important in determining fair use:

• Purpose: What purpose does using the copyrighted work serve? Is it commercial or nonprofit? Nonprofit/educational uses are more likely to fall under fair use.
• Nature: What is the nature of the copyrighted work? Is it factual or creative? Fact-based works are more likely to fall under fair use.
• Amount: How much of the copyrighted work will be reproduced? Does original content make up the main portion, with only what is necessary from the copyrighted work? Using less of the copyrighted work is more likely to fall under fair use.
• Effect: Will reproduction of the copyrighted work have an effect on its marketability or value? A reproduction that has little to no effect on the original work is more likely to fall under fair use.

Orphan works are resources of any format that do not have a clear copyright statement.  It is up to you to determine if anyone or any corporation or association owns the rights.  The Society of American Archivists offers some directions on how to do this in this document:  https://www2.archivists.org/groups/intellectual-property-working-group/orphan-works-statement-of-best-practices