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Copyright Basics

This guide will help you understand how copyright affects you as a user. You can also learn about the new ways creators and users are sharing creative works fairly.

What is Fair Use?

Fair Use is the allowance of limited use of copyrighted material without permissions, and is based on U.S. copyright law. It is primarily practiced in educational and non-profit settings, including libraries, the documentary industry, universities, and research centers.

Section 107 [of the U.S. Code] 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:

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.

This is an excerpt from the U.S. Copyright Office on Fair Use. See the whole section here: (U.S. Copyright Office, 2009).

ALA's Fair Use Evaluator helps you determine whether a use is fair or not.

General Resources About Fair Use

Browse the links below for more information about fair use of copyrighted materials and how it pertains to your research.

  • Fair Use FAQ
    A list of frequently asked questions about fair use from TeachingCopyright.org.

  • Copyright and Fair Use
    In-depth descriptions of fair use cases from the University of Maryland University College.

  • Code of Best Practices in Fair Use
    An infographic and detailed code of best practices when claiming fair use in an academic setting by the Association of Research Libraries.