Fair Use Guidelines

Section 107 of U.S. Copyright Law states:

Limitations on exclusive rights: Fair use

Notwithstanding the provisions of section 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonograph records 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:

• the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purpose;
• 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 The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Fair Use Guidelines allow certain copyright exemptions for non-profit and educational institutions. When making a determination as to the applicability of the Fair Use Guidelines to an intended procedure, it is most important to recognize and follow the intent of the guidelines. This is to protect the creative efforts of authors and artists and recognize the financial interest that they, along with publishers and producers, have in their creative works.