Copyright Issues and Resources

Fair Use is likely the most important exceptions to the exclusive rights of copyright holders, and yet it creates confusion for users of copyrighted material. Here is the text from the actual statute (17 U.S.C. §107):

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by 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—

(1) the purpose and character of the use, including whether such 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 copyrighted work as a whole; and

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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Many people who read the actual statute become less clear about fair use because the wording is vague. There are tools created by copyright experts to help you come to your own layperson's determination about whether your use of a copyrighted item in your own work may be fair use. Below are some links to these tools.

Please remember that any use of copyrighted works is at user discretion subject to the restrictions and other considerations above. Guidance provided by the Mansfield Library, including the contents of this site, should not be considered legal advice.