FAIR USE &

COPYRIGHT

Written By:
Shelbey
Rehg,
Madaline
Miller,
Heather
McWain and
Tiff any Jenks

COPYRIGHT LAW
According to Dictionary.com, the defi nition of
copyright is the exclusive right to make copies,
license, and otherwise exploit a literary, musical, or
artistic work, whether printed, audio, video, etc.:
works granted such right by law on or after January 1,
1978, are protected for the lifetime of the author or
creator and for a period of 50 years after his or her
death.

YOU SHOULD ASK YOURSELF THE FOLLOWING

QUESTIONS REGARDING COPYRIGHT ABOUT
DIFFERENT MATERIAL

1. the purpose and character of the use

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
4. the eff ect of the use upon the potential market for
or value of the copyrighted work
See more at:
http://www.educationworld.com/a_curr/curr280b.shtml#
sthash.B8txS3E3.dpuf

THE PURPOSE AND CHARACTER OF

THE USE
Does the new work transform the original work or off er
something beyond the original? Copyrighted works that
are altered signifi cantly are more likely to be considered
fair use.
Is the use for nonprofi t or educational purposes?
Copyrighted works used for nonprofi t or educational
purposes are more likely to be considered fair use.

Starr, L. (2005, May 25). Is Fair Use a License to Steal?

Retrieved February 19, 2015.

THE NATURE OF THE COPYRIGHTED

WORK
Is the copyrighted work published or unpublished?
Published works are more likely to be considered fair use.
Is the original work out of print? Out of print works are
more likely to be considered fair use.
Is the copyrighted work factual or creative? Factual
works are more likely to be considered fair use.

Starr, L. (2005, May 25). Is Fair Use a License to Steal?

Retrieved February 19, 2015.

THE AMOUNT AND SUBSTANTIALITY OF THE

PORTION USED IN RELATION TO THE
COPYRIGHTED WORK AS A WHOLE
Is the amount of the original work used reasonable? The
smaller the percentage of the work used, the more likely
it is to qualify as fair use.
Is the section of the original work used the most
important part of the work? The less signifi cant the
portion of the work used, the more likely it is to be
considered fair use.

Starr, L. (2005, May 25). Is Fair Use a License to Steal?

Retrieved February 19, 2015.

THE EFFECT OF THE USE UPON THE

POTENTIAL MARKET FOR OR VALUE OF
THE COPYRIGHTED WORK
Does the new work appeal to the same audience as the
original work? Copyrighted works that are used for
another purpose or designed to appeal to a diff erent
audience are more likely to be considered fair use.

Starr, L. (2005, May 25). Is Fair Use a License to Steal?

Retrieved February 19, 2015.

THE LAWS
Article I, Section 8, clause 8, of the United States
Constitution states the purpose of copyright laws is to
promote the Progress of Science and useful Arts, by
securing for limited times to Authors and Inventors the
exclusive Right to their respective Writings and
Discoveries.

Hawkins, S. (201 1, Novembe r 23 ). Copyr igh t Fair U se an d H ow it

Works for On line Images | . Re trie ve d Fe bru ar y 1 8, 2 01 5,
from http ://ww w.socialme diaexamine r.com/cop yright-fairuse -and-how-it-works-for- on line -imag es /

WHAT CAN THE OWNER OF THE

COPYRIGHTED MATERIAL DO?
Th e copyright owne r has the right to do four things (called
exclus ive rig hts ):

Reproduce the copyrighted work;

Display the copyrighted work publicly;
Prepare derivative works based on the copyrighted work; and
Distribute copies of the copyrighted work to the public by sale, rental or
lending, and/or to display the image.

Hawkins, S. (2011, November 23). Copyright Fair Use and How it Works for
Online Images |. Retrieved February 18, 2015, from
http://www.socialmediaexaminer.com/copyright-fair-use-and-how-itworks-for-online-images/

FAIR USE
Fair use is a legal exception to the exclusive rights an
owner has for his or her copyrighted work.
The purpose of the Fair Use Doctrine is to allow for
limited and reasonable uses as long as the use does
not interfere with owners rights or impede their right
to do with the work as they wish.
Fair use is in place for the greater good, to allow
copyrighted works to be used without permission for
the benefi t of the public

Ha wkins, S. (2011, November 23). Copyright Fa ir Use and How it

Works for Online Ima ges |. Retrieved Februa ry 18, 2015,
from http://www.socia lmediaexam iner.com/copyright-fairuse-and-how-it-works-for- online-ima ges/

FAIR USE DOESNT MEAN FAIR

GAME
H o w e v e r, t he r e a r e l i m i t s a nd o n l y a c ou r t ha s th e fi na l
d e c i s i o n -m a ki ng a b i l i t y. S ec t i o n 1 0 7 o f t he C o p y r i g ht A c t
states:
-the fair use of a copyrighted work, including such use by reproduction in
copies or phonorecords or by any other means specifi ed 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 includethe purpose and character of the
use, including whether such use is of a commercial nature or is for nonprofi t
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; and the eff ect of
the use upon the potential market for or value of the copyrighted work.

* S o u rc e : 17 U S C S ec t io n 1 0 7
H a w k i n s , S . ( 2 0 1 1 , N o v e m b e r 2 3 ) . C o p y r i g h t Fa i r U s e a n d H o w i t Wo r k s f o r
O n l i n e I m a g e s | . Re t r i e v e d Fe b r u a r y 1 8 , 2 0 1 5 , f ro m
h t t p : / / w w w. s o c i a l m e d i a ex a m i n e r. c o m / c o p y r i g h t - f a i r- u s e - a n d - h o w - i t w o r k s - f o r- o n l i n e - i m a g e s /

EXAMPLE

Copyright Basics [Motion picture]. (2010). United States of America:

Copyright Clearance Center.

EXAMPLES OF COPYRIGHTS
Success makes so many people hate you. I wish it
wasnt that way. It would be wonderful to enjoy
success without seeing envy in the eyes of those are
you.
This would be considered copyright because it is a quote
from someone and we did not cite the name or give the
quotation proper grammar

When a teacher uses a YouTube video in a PowerPoint

and does not cite where it is from, it is considered
copyright because she is taking credit for something
that isnt theirs.