Fair use refers to the use of copyrighted material under specific circumstances, in specific ways. To use a copyrighted work without getting permission from the copyright holder, four factors must be considered, according to Section 107 of the U.S. Copyright Act. They are:
- the purpose and character of the use (such as commercial vs. non-profit educational)
- 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
FAIR USE FOR INSTRUCTORS
If an instructor would like to make a copy of a copyrighted work, he must also consider the following:
- Brevity: How much of the work will be copied? The SWU Copyright Policy outlines some specific amounts that instructors should use when copying works for their educational purposes.
- Spontaneity: Will you use the work a single time or multiple times? For one course or multiple courses? How much planning and effort would it take to seek permission from the copyright holder?
In General, What Counts as Fair Use?
Keeping in mind the rules for instructors listed above, and that the source(s) of all materials must be cited in order to avoid plagiarism, general examples of limited portions of published materials that might be used in the classroom under fair use for a limited period of time, as discussed by the U.S. Copyright Office's "Circular 21: Copying for Educators & Librarians", include:
- A chapter from a book (never the entire book), or approximately 10% of the work.
- An article from a periodical or newspaper.
- A short story, essay, or poem--if it is less than 2500 words.
- Poetry: Copies of a poem of 250 words or less that exists on two pages or less or 250 words from a longer poem.
- Prose: Copies of an article, story or essay that are 2,500 words or less or excerpts up to 1,000 words or 10 percent of the total work, whichever is less
- A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper
- Illustrations: Copies of a chart, graph, diagram, drawing, cartoon, or picture contained in a book or periodical issue.
What Should Be Avoided?
- Making multiple copies of different works that could substitute for the purchase of books, publisher's reprints, or periodicals.
- Copying and using the same work from semester to semester without permission.
- Copying and using the same material for several different courses at the same or different institutions.
When is Permission Required?
- When you intend to use the materials for commercial purposes.
- When you want to use the materials repeatedly.
- When you want to use a work in its entirety, especially when it is longer than 2,500 words.
