• Introduction
• Module1
  • Copyright basics &
    Requesting Information
• Module 2
  Fair Use and Use Exemptions
  • A. Fair Use
  • The Meaning of the Four Fair Use Factors
  • Purpose and Character of the Use
  • Nature of the Copyrighted Work
  • Amount and Substantiality of the Portion Used in Relation to the Copyrighted Work as a Whole
  • The Effect of the Use on the Market or Value of the Copyrighted Work
  • Checklist for Fair Use
  • B. U.S. Copyright Law Section 108
  • C. U.S. Copyright Law Section 110
  • Quiz
• Module 3
  • Case Studies
    & Scenarios
• Final Game
• Feedback Survey

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Module 2 Fair Use, and Other Exemptions (Allowances) For Using Materials Protected by Copyright Without Permission

A. Fair Use

Section 107 of the Copyright Act states….

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phono records or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include—

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

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. (Section 107 of the Copyright Act)

These factors are often referred to as the “four factors of fair use” which we will now discuss in detail.