*Fair+Use

**FAIR USE**
One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the Copyright Act ([|title 17, U. S. Code]). One of the more important limitations is the doctrine of “fair use.” Although fair use was not mentioned in the previous copyright law, the doctrine has developed through a substantial number of court decisions over the years. This doctrine has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; 2. The nature of the copyrighted work; 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. The effect of the use upon the potential market for or valu e of the copyrighted work.

The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

• these guidelines are not //law//, but represent a //consensus// of fair use. • uses that //exceed// these guidelines may or may not be fair use. • the more one exceeds these guidelines, the greater the risk that fair use does **//not//** apply. • only the courts can determine whether any particular use falls within fair use.
 * It is important to understand that:**

• May incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a //specific course//. • May perform and display their own projects in the course for which they were created. • May retain these projects indefinitely in their own portfolios as examples of their academic work for later personal uses such as job and school interviews.
 * Students**

-face-to-face instruction -students self -directed study -remote instruction (with limitations) like Blackboard > **What can be used****?**
 * Teachers may:**
 * incorporate portions of lawfully acquired copyrighted works when producing educational multimedia projects to support their teaching needs
 * may present their projects in
 * for a period of up to two years after the first instructional use with a class.
 * Instructional use beyond two years requires permission for each copyrighted portion incorporated in the production.
 * =**Media**= || =**Allowable portion for Fair Use**= ||
 * ===Motion (video)=== || ===10% or 3 minutes (<)=== ||
 * ===Text=== || ===10% or 1000 words (<)=== ||
 * ===Music Lyrics and===

Music Video
|| ===10% ≤ 30 seconds=== ||
 * ===Illustrations===

Photographs
|| ===≤ 5 images from a single author=== ||
 * ===Databases=== || ===≤ 10% or 2500 fields (<)===

≤10% from collective works
||