Communication Studies 315: Media Effects

Copyright law outlines four factors that should be considered when determining fair use:

1.  "The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purpose

2.  The nature of the copyrighted work

3.  The amount and sustainability of the portion used in relation to the copyrighted works as a whole

4.  The effect of the use upon the potential market for, or value of, the copyrighted work."

All four factors must be considered together when determining if your use of something is fair.

Isn't educational use the same as fair use?

Unforturnately, it isn't.  Using an item for an educational purpose weighs in favor of fair use for the first factor, but you must consider all four of the factors to make a fair use determination.

Is it always fair use to use 10% or less of a work?

No.  Copyright law does not provide a percentage that would constitute fair use.  Generally, the smaller the amount used, the more likely it is that the use is fair.  However, the other factors must also be considered.

Library staff members cannot give legal advice.  If you need legal advice, you should contact an intellectual property attorney.