A Teacher's Guide to the Fair Use Doctrine

Section 107 in the Copyright Act stated that fair use of a copyrighted work
as reproduction in copies ormaterials containing sounds (phonorecords)
or by any other means is not considered as an infringement of copyright if
they were for the purpose of criticism, comments, news reporting, teaching
(including multiple copies for classroom use), scholarship, or research.

The Fair Use Factor One

Ask yourself: What is the purpose and character of the use?
The unlicensed use is for criticism, comments, news reporting, teaching
(including multiple copies for classroom use), scholarship, or research.
The unlicensed use is for nonprofit, educational, or noncommercial that
is also socially beneficial to promote the creation of new knowledge and
the advancement of learning.
The unlicensed use is "transformative" for a brand new purpose or
character that generates a new culture and does not substitute the value
of the original copyrighted work.

The Fair Use FactorTwo

Ask yourself: What is the nature of the copyrighted work?
Work to be used should have been published before.
Work to be used should primarily be factual work such as non-
fiction, collection of facts, technical article or news item.
Using a more creative or imaginative work such as a novel,
movie or song is less likely to be justified for fair use.
Worked to be used containing a significant amount of new
information and knowledge is less likely to be justified for fair
use.

The Fair Use FactorThree

Ask yourself: What is the amount and substantiality of the
portion used in relation to the copyrighted work as a whole?
The portion used is limited and reasonable amount from the
original copyrighted work.
The quantity and quality of the copyrighted material used was not
at the heart" - central, crucial, and important part of the work.
The portion used is to achieve the intended social or cultural
benefits for the advancement and acquisition of new knowledge
and learning.

The Fair Use Factor Four

Ask yourself: What is the effect of the use on the
potential market or value of the copyrighted work?

The unlicensed use must not harm the existing or future market for the
copyright owners original work.
The unlicensed use of the work has the potential to create or improve the
market for the original copyrighted work.
The copyright holder cannot be identified after a reasonable search. The
copyright holder does not respond to requests for permission to use the
work. Proper attribution will be given with the intended use.

Since only a court of law can evaluate fair use claims, rulings have always been case-by-case. Must keep
FOR
track of the four fair use factors with details andREFERENCE:
time stamps to justify the fairness of an unlicensed use.
If the Copyright Act is to protectWWW.ENTREPRISESCANADA.CA
the owner of the work, the Fair Use Doctrine is to protect the right to use
copyrighted materials without permission or payment to better the cultural or social advancement.