Guides: Copyright and Fair Use: Tightrope Walk or Tug-of-War?: Fair Use

Fair Use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a 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 value of the copyrighted work.

Source: U.S. Code, Title 17, Chapter 1, Section 107

A Fair(y) Use Tale

"Professor Eric Faden of Bucknell University created this humorous, yet informative, review of copyright principles delivered through the words of the very folks we can thank for nearly endless copyright terms." From Stanford University's Center for Internet and Society.

The Georgia State Case: A tightrope walk in progress.

What's At Stake in the Georgia State Copyright Case
"A closely watched trial in federal court in Atlanta, Cambridge University Press et al. v. Patton et al., is pitting faculty, libraries, and publishers against one another in a case that could clarify the nature of copyright and define the meaning of fair use in the digital age. Under copyright law, the doctrine of fair use allows some reproduction of copyrighted material, with a classroom exemption permitting an unspecified amount to be reproduced for educational purposes.

At issue before the court is the practice of putting class readings on electronic reserve (and, by extension, on faculty Web sites). Cambridge, Oxford University Press, and SAGE Publications, with support from the Association of American Publishers and the Copyright Clearance Center, are suing four administrators at Georgia State University." From the Chronicle.
Court Documents: Cambridge University Press, et al., v Patton, et al.
Publishers and Library Groups Spar in Appeal (Feb 1, 2013)
From the Chronicle. "Fair use and electronic course reserves are back in court. A keenly watched copyright case that pitted three academic publishers against Georgia State University has entered the appeals phase, with a flurry of filings and motions this week and more expected soon."

Research Guides

Copyright and Fair Use: Tightrope Walk or Tug-of-War?: Fair Use

Fair Use

A Fair(y) Use Tale

The Georgia State Case: A tightrope walk in progress.