FIU Libraries: Graduate Studies: How to Determine a Fair Use

Fair Use Guidelines

Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.

The fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

- See Section 107 of the Copyright Act

Four Factors are considered in determining whether the use made of a work in any particular case is a fair use.

Purpose and Character of the Use
Nature of the Copyrighted Work
Amount or Substantiality of the Portion Used
Effect of the Use on the Potential Market for or Value of the Work

The following "four factors" are used to analyze a fair use:

Factor 1: The Purpose and Character of the Use
Factor 2: The Nature of the Copyrighted Work
Factor 3: The Amount or Substantiality of the Portion Used
Factor 4: The Effect of the Use on the Potential Market for or Value of the Work

Fair Use
An explanation of each of the four factors can be found on this site from the Columbia University Copyright Advisory Office.
Fair Use Checklist
Utilize this checklist to analyze if a use you intend is a fair use.
Fair Use Quiz
Use this tutorial and quiz from MIT to test your knowledge.

Best Practices from the Center for Media & Social Impact
This site provides a substantial list of best practices documents for numerous fair use situations including links to those noted below.

INDIVIDUAL STATEMENTS AND CODES OF BEST PRACTICES

Copyright and the Public Domain of the United States
Chart provides dates of publication and terms of coverage by the law.
Asking for Permission
Includes the steps one should take in seeking permission including model letters for streaming video on the internet, reprinting into a new work, and including work in a course management system.
This page is shared under a Creative Commons Attribution License by Columbia University and its author, Dr. Kenneth D. Crews.
Getting Permission (Copyright Crash Course)
Includes information on collective rights organizations, contacting owner, changed owner, authority, written permission, difficulty identifying owner, unidentifiable/unresponsive owner. From the Copyright Crash Course at the University of Texas
Getting Permission: Where and How
Provides source info on where to seek permission for print media, images or photos, music, and audiovisuals or movies. Produced by the University of Connecticut
Copyright Law of the United States
Title 17 of the U.S. Code
See Chapter 1
Fair Use
See Section 107
Fair Use
This excellent site from Stanford University provides an explanation of fair use, the four factors, and most importantly includes summaries of fair use cases and a consideration of disagreements over fair use

Related Guides

TEACH Act Flowchart and Checklist
Copyright Guide
Author's Rights and Copyright
Understand the rights one has as an author including negotiating copyright with your publisher
FIU Digital Commons
ETD Guide
Find the information you need to correctly format your ETD manuscript according to University Graduate Studies formatting guidelines.
Scholarly Communication
This guide provides authors with information about managing their Scholarly Communication including publisher copyright agreements and open access publishing.

Fair Use Week 2016 panel discussion

You're Suing Me? Best Fair Use & Copyright Practices
View the video and presentation slides for this Thursday, February 24, 2016 Fair Use Week panel discussion.

Fair Use Fundamentals

Fair Use Fundamentals pdf

Floor		Resources
One		Center for Academic Success: University Learning/Testing Center Electronic Classroom Broadcast Video Productions Resource for Education Technology UTS - Media Equipment Services Distance Learning Electronic Classroom Instructional Photography & Graphics
Two		Information & Research Services Curriculum & Juvenile Collection LACiC - Latin American and Caribbean Center Government Documents GIS-RS Center & Teaching Lab Maps & Imagery User Statistics
Three		Periodicals & Newspapers Laptop Lounge Honors College Student Resource Center College of Medicine Library Copiers Systems
Four		College of Medicine Special Collections & Archivese Academic Space Management School of Social Work Study Area
Five		Audiovisual Collection Diaz Ayala Collection Architecture and Fine Arts (General Collection and Periodical Section N) Music (General Collection and Periodical Section M) Music Listening Room Music CAI Center Spanish Resource Center Group Study Rooms
Six		Quiet Study Space Group Study Rooms General Collection HJ-L & P-Z Oversized Books
Seven		General Collection A-HG Quiet Study Floor Group Study Rooms
Eight		Library Administration Collection Management Digital Collections Center

Floor		Resources
One		Circulation Course Reserves Intercampus/Interlibrary Loan Information and Research Services Center for Excellence in Writing Communication Arts Studio Computer Labs/Copiers
Two		Microforms Periodicals Juvenile Collection Oversize Collection Video Collection Government Documents Reference Workroom Reference Collection Copiers
Three		General Collection, A-Z Library Administration

Graduate Studies

Fair Use in a Day in the Life of a College Student

Tools you can use

Fair Use Guidelines

Related Guides

Fair Use Week 2016 panel discussion

Fair Use Fundamentals

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