Fair Use
Do I need permission to use this?
Slides produced by the Copyright Education & Consultation Program
Guiding Questions
•
What is fair use?
•
What are the ‘Four Factors’ of fair use?
•
So is my use fair?
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Fair Use
• Fair use is the limited access granted to
copyrighted material without the permission of
the copyright holder.
o
o
If your use of a material falls under fair use, you do
not need permission to use it from the copyright
holder
There are four factors that govern how to
implement fair use
Slides produced by the Copyright Education & Consultation Program
4 Fair Use Factors
1. What is the character or purpose of the use?
Educational use is more likely to fall within the range of fair use. If
a profit is going to be made from the use, it is almost never fair
use.
2. What is the nature of the material being used?
Published and factual are more likely to be considered fair use
cases than unpublished or fictional works.
Slides produced by the Copyright Education & Consultation Program
4 Fair Use Factors
3. How much of the work will be used?
Reproduction of the entire work is rarely considered fair
use. The use of a small, relevant portion is much safer.
4. What effect will this use have on the market for
the original material?
If your use stands in the way of potential sales for the
creator or the work is easily available for a reasonable
price, your use is likely not fair.
Slides produced by the Copyright Education & Consultation Program
Getting Permission
•
If your use of a work is not fair, you must
contact the copyright owner for permission to
use the work
o
•
This could be the author, publisher, a beneficiary, or
someone completely different
Be sure to get a written copy of any
agreements. In it state:
o
Your intended use, the duration of your use, and the
amount of the work you would like to use
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Questions?
Slides produced by the Copyright Education & Consultation Program
Resources
• University of Minnesota’s Fair Use Decision Map:
o https://www.lib.umn.edu/sites/default/files/images/U
seMapBig.png
• Copyright Education & Consultation Program’s Fair
Use Checklist:
o http://blogs.cites.illinois.edu/library-copyright/fairuse/#cl
• Copyright Clearance Center
o http://www.copyright.com
Slides produced by the Copyright Education & Consultation Program
More Info …
The Copyright Education & Consultation Program is
funded by a Library and Technical Services Grant
Administered by the Illinois State Library
Please visit our website at http://go.illinois.edu/copyright
Slides produced by the Copyright Education & Consultation Program