What is Fair Use n Fair use is

What is Fair Use? n Fair use is the educational exemption for copyright law. The educational exemption allows for limited reproduction and distribution for the purposes of criticism, comment, news reporting, teaching, research, & scholarship. n Criteria for determining fair use: Purpose of reproduction of work Nature of the work being reproduced Amount of the work being reproduced Effect of reproduction on compensation.

Fair Use Criteria: Purpose Favoring Fair Use v Teaching v Research, scholarship v Non-profit educational institution. v Criticism, Comment. v Reporting v Parody. v Limited audience Opposing Fair Use v Commercial activity v Profiting from use v Entertainment v Bad-faith behavior v Denying credit to original author.

Fair Use Criteria: Nature of the work Favoring Fair Use: v Factual v Non-fiction. v Meets specific educational objectives. Opposing Fair Use: v Unpublished work v Highly creativeart, film, plays, music. v Fiction. v Exceptions are creative works that relate to a specific educational

Fair use criteria: Amount of work copied. Favoring Fair Use: v Small quantity v Portion is not central to entire work v Amount is appropriate to educational objective. Opposing Fair Use: v Large portion or whole work is used. v Portion is the “ heart of the work”.

Fair Use Criteria: Effect on original work. Favoring Fair Use: v Item being copied is legally acquired or purchased. v One or few copies made. v No effect on market or potential market. v Lack of licensing mechanism Opposing Fair Use: v Could replace sale of item being copied. v Impairs market for item. v Available licensing. v Affordable permission available. v Numerous copies made. v. Distributed on Web or other public place. v. Repeated or long-term use.