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The Fair Use Doctrine is outlined in 17 U.S. Code § 107 and 108. The Fair Use defense allows for limited use of copyrighted materials without the creator’s permission.
Typical examples of use that may fall under the fair use defense include commentary, criticism, news, research, teaching, scholarship, or citation, although courts use a variety of factors in determining whether any given circumstance constitutes fair use. These factors include:
However, 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. Although it is difficult to generalize, the following guidelines are general best practices:
Although not a codified part of the Fair Use defense, the Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals suggests best practices to help instructors determine when they may use multiple copies of a copyrighted material for student learning use (i.e. one copy per student in a course). The following serve as best practices and can help guide instructors:
For more information, please access the Library’s Copyright Guide.
SNHU has provided the resources on this page to help individuals learn more about copyright laws and issues. However, SNHU cannot be responsible for the accuracy or completeness of third party links. This page is intended to be educational in nature and is not meant to constitute legal advice.
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