Copyright on Campus
Fair Use is Your Friend
Fair Use Help
Use the checklist here to help you decide if your use is a fair use of the material.
The Copyright Clearance Center is a helpful source when you need to request permission from a content creator to use copyrighted works.
How to Determine Fair Use
The Copyright Law provides certain exceptions to allow for material to be used without permission to further educational objectives. Four factors must be weighed when considering the use of copyright materials in the classroom. These four factors are listed in Section 107 of the law:
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
No one factor is more important than any other. It is in weighing the balance of the four factors that one will determine if the use is fair.
Recent trends in court decisions have introduced the concept of "transformative use" to the Fair Use discussion, considering these two questions:
- Has the material you have taken from the original work been transformed by adding new expression or meaning?
- Was value added to the original by creating new information, new aesthetics, new insights, and understandings? (Stanford: Copyright & Fair Use)
Transformative uses that repurpose no more of a work than is needed to make the point, or achieve the purpose, are generally fair use. " (Copyright Crash Course, Uniiversity of Texas)
Bush/Blair Endless Love
Is this transformative use?
Movie Licensing USA
Pingry subscribes to Movie Licensing USA, a service which provides public performance rights for major Hollywood Studios. Search the database for any film you wish to show to determine if it is covered under this license!