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Copyright Resources

Guide to copyright for the UMass Chan community including author rights, reusing material for teaching and research, and Creative Commons licenses.

What is Fair Use?

Fair Use is a limitation on a copyright holder's exclusive rights to reproduce, distribute, make derivative works, and perform or display their work. It is an interpretation of one's use of copyrighted material, where the benefits of use outweigh the exclusive rights of the copyright holder.

Section 107 of the U.S. Copyright code (Fair Use) provides four parameters, or factors, for interpreting the use of copyrighted material without the permission of the copyright holder as legal:

  1. The purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes
  2. The nature of the copyrighted work 
  3. The amount and substantiality of the portion used in relation to the work as a whole
  4. The effect of the use upon the potential market for, or value of, the copyrighted work

All of these factors are considered together when determining the use of copyrighted material as fair. Thus, an educational purpose alone does not necessarily make a use fair, nor does a commercial purpose necessarily make it unfair. 

Even using the Four Factors as a guide, the distinction between a fair use and infringing use of copyrighted material is not always clear. Only a court can ultimately determine if a use is fair, and this can only happen if a case is litigated. In other words, Fair Use is a defense, not a right.

Nonetheless, the copyright code, legal precedents & fair use educational materials can provide us considerable guidance in making fair use evaluations and asserting Fair Use. 

Fair Use Tools

Using the Fair Use Checklist

  • Visit the Columbia University Libraries Copyright Advisory Services website and download the Fair Use Checklist (shown in part above).
  • Complete the checklist for each instance where you plan to reuse copyright protected content. Check off all of the relevant characteristics of your proposed use of the content under each of the four factors: Purpose, Nature, Amount, Effect. 
  • Interpret your results to either favor or not favor Fair Use. Include content in your presentation accordingly: if your use favors Fair Use, include the content; if your use does not favor Fair Use, seek permission to reuse the content or find something else that you can use, or link out to the content. 
  • Maintain a copy of your Fair Use Checklist for each interpreted use in your records.