Fair Use Guidelines for Copyright
Educators are given rights to use copyrighted materials under Section 106 and
106 A of Title 17, United States Code Public Law 94-664, 90 Stat. 2541 as
amended (commonly called US Copyright Law).
These four Fair Use factors are not “all or none” but you must meet the majority of points.
1. The purpose and character of the use, including whether such use is of a commercial
nature or is for nonprofit educational use.
a. Are you using this material for criticism, commentary, or news reporting? (If yes,
this goes in your favor).
b. Myth - educators may use any copyrighted materials.
c. Myth - as long as you don’t make a profit it is okay to use it.
2. The Nature of the Copyrighted work.
a. Is it factual or creative? Facts can’t be copyrighted. If it is creative, then it needs
to be tied to a lesson.
b. Published or not published? (Published is defined as offered for sale, rental,
lease, or distribution.)
3. Amount of the work used
a. Less is better. Anytime you want to use all of something you will probably
receive an unfavorable evaluation on this point.
b. Essence (main idea) of the work. Wanting to use the main portion of the work
would probably receive an unfavorable evaluation on this point.
4. The effect on use on the market for or value of the work.
a. Myth: I can purchase one copy and all teachers can use it.
b. Myth: I can purchase one copy and duplicate it for all students.
c. Libraries can legally do this because only person can use it at a time.
d. (You need to read the license agreement on the back of the title page or
beginning of a video. It probably doesn’t fall under copyright; but it may be
prohibited by the license you agreed to upon purchasing it. So you need to read
the license).
e. Courts will ask the question “What would happen if everyone were to…”
Consider each Fair Use Exemption and decide if your particular situation will meet
fair use. If it meets the majority (say 3 of the 4) then you can use copyrighted
material in this instance with confidence.