Answered By: Jennifer Harris
Last Updated: Jun 27, 2017     Views: 103

The Fair Use Doctrine is outlined in Title 17, Chapter 1, Sections 107 and 108 of the U.S. Code.

It is important to note that just because a copy is made for an educational purpose does not necessarily mean that it falls under Fair Use.

There are four factors that must be weighed to determine if a copy may be made without obtaining permission:

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for a nonprofit educational purpose;
  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; and
  4. The effect of the use upon the potential market for or value of the copyrighted work.

Check out our Copyright guide for more information.

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