Fair Use? Public Domain?
The following tools are helpful for determining Fair Use, public domain, and legal uses for libraries under copyright law.
"My_Ed_My_Mix" by Gideon Burton
In today's learning environment access to digital resources is more important than ever!
To prepare lectures for the classroom, professors need images, videos, and music. Students need digital learning objects to use in class projects. Students and professors need tools to allow creation of new digital resources.
But where can you find images to use in your powerpoint that dont violate copyright law? When can you embed a video on your webpage? Where can you find music that doesnt require you to pay royalties?
This guide brings together some options for UF students, faculty and staff.
Video - Too Much Copyright
What is Fair Use?
Four Factors of Fair Use
Purpose and Character of the Use
a) Educational or Commercial
b) Transformative or Reproduction
c) Spontaneous or Repetitive
Amount and Substantiality of the Portion Used
a) Small amount vs. Larger quantity than needed to meet pedagogical objective
b) Selection is or is not considered “heart of the matter”
Nature of the Copyrighted Work
a) Technical or Artistic
b) Factual or Imaginative
c) Published or Unpublished
Effect of the Use on the Market
a) Alternative to students purchasing original work?
b) Ready market for the original?
c) Avoiding payment of royalties?
Section 107 of the Copyright Act permits the reproduction of copyrighted works when done for the purpose of criticism, comments, news reporting, teaching, scholarship and research and when the balance of four factors specified in the statute weighs in favor of a finding of fairness. The four factors of fair use as enumerated are as follows:
(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.
No one factor is weighed more heavily than another, although courts, over time, have seemingly given more attention to one factor over the others. Further, the Copyright Act does not specify what quantity or quality of a work constitutes fair use; however, various non-profit and educational groups have adopted "rules of thumb" for fair use determinations (e.g. "rule of five" of the CONTU Guidelines). Remember, these "rules of thumb" do not guarantee a finding of fair use. Application of the factors is always the best practice.
When conducting a fair use evaluation, several inquires should be answered for each factor to aid in an overall determination of fairness. If the weight of the inquiries balances in favor of a finding of fair use, then reproduction may be made without permission. The chart below highlights some of the inquiries that can be made when conducting a fair use analysis.