Library: Copyright: Fair Use

What is Fair Use?

Definition:
Fair use is a legal exception to copyright that allows limited use of copyrighted material without permission, typically for:

Is it for educational or nonprofit purposes?

Is the use transformative (adds new meaning, message, or purpose)?

✅ Favorable: Teaching, commentary, remixing
❌ Unfavorable: Commercial use without transformation

Is it factual or creative?

✅ Favorable: Factual (e.g., news article)
❌ Unfavorable: Highly creative works (e.g., art, fiction)

Are you using only what is necessary?

✅ Favorable: Small excerpts
❌ Unfavorable: Using the "heart" of the work or large portions

Does your use replace or reduce sales of the original?

✅ Favorable: No market harm
❌ Unfavorable: Use would hurt the creator’s income

Showing a short film clip in class
Likely fair use? Yes.
Why: For teaching, limited amount, educational context.

Posting an entire book chapter online for students
Likely fair use? Maybe.
Why: Depends on amount and access restrictions.

Using copyrighted music in a student video project
Likely fair use? / Varies.
Why: Might be okay if transformative and for class only.