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Online Learning Resource Center: Fair Use

Fortis College Online Learning Resource Center Main Webpage

What is Fair Use

Reproduction of any copyrighted material must fall within the limits set under the “Fair Use” guidelines.   “Fair Use” allows for a portion of a work to be used without permission from the author for purposes of teaching, research, news reporting, scholarship, and/or criticism.  According to Title 17 of the U.S. code, “Fair Use” is determined based on:

  • The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit 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 The fact that a work is unpublished shall not itself bar a finding of fair use

U.S. Copyright Office Fair Use Index

Fair Use (FAQ) | U.S. Copyright Office

Frequently published guidelines regarding fair use set the limits as follows: 

Media Type 

Portion Covered under Fair Use 

Video 

10% or 3 minutes, whichever is shorter 

Print 

10% or 1000 words, whichever is shorter  

this does not allow for the copying of an entire chapter of a work if it falls within these guidelines 

Music 

10% or 30 seconds, whichever is shorter 

Illustrations, Photos, 

And Graphics 

5 images from on artist/photographer, or  

10% or 15 images from a published work, whichever is shorter 

Databases 

10% or 2500 fields, whichever is shorter 

 

Consortium of Education Affiliates Libraries http://libguides.yourlrc.info