LibGuides: Copyright Guide: Fair Use

Fair Use Policies

Fair use is a limitation to copyright set forth in 17 U.S. Code § 107 for purposes such as criticism and commentary. There are four factors of fair use, each of which must be considered in an analysis:

Purpose and character of the use
Nature of the work
Amount and substantiality used
Market effect

There are no bright-lines or blanket applications for fair use. The facts of each potential use must be evaluated against the four factors. If one aspect of the use changes, a new analysis should be done.

The best person to do a fair use analysis is the user. You understand the facts of the use and how the four factors apply better than anyone. There are several resources that can help you conduct a fair use analysis:

Resources

17 U.S. Code § 107 - Limitations on exclusive rights: Fair use
Definition of Fair Use according to the U.S. Code.
Fair Use Checklist
A Fair Use Checklist compiled by Columbia University Libraries.
Understanding Fair Use: Campus Guide to Copyright
Additional information about Fair Use and its application.
Fair Use Overview from Stanford University Libraries
Includes definitions, examples, and relevant case law for fair use.
Codes of Best Practices
Providing best practices in fair use for everything from poetry to documentary films, these PDFs provide guidance on rights might apply to recurrent situations faced by a variety of communities.

Fair Use and E-Reserves

Sandor Tezler Library Electronic Course Reserves

All materials placed on reserve will be done so at the specific request of a faculty member for the educational use of Wofford students.
All materials placed on reserve will be reproduced from lawfully obtained materials owned by the Sandor Teszler Library or the requesting faculty member.
Materials will only be placed on electronic reserve while the corresponding course is being taught.
No more than the following maximums will be digitally reproduced* during any single semester:

Books – One (1) chapter or 10% of total
Journal Articles – Two (2) articles from any single issue

A citation and reproduction of the copyright page will accompany all reproduced materials.
Access to electronic reserve materials will require user authentication.
If possible, full-text electronic resources (ebooks, electronic articles obtained through library subscription, etc.) will be used instead of in-house reproductions.

*Electronic items obtained from a vendor are subject to the purchase or lease agreement

Distance Education and Copyright - the TEACH Act

The TEACH (Technology, Education, and Copyright Harmonization) Act facilitates the performance and display of copyrighted materials for distance education purposes. The TEACH Act applies to distance education that includes the participation of any enrolled student, on or off campus.

The Copyright Crash Course from the University of Texas offers an excellent analysis and checklist for the TEACH Act: