Copyright Law: Section 107: 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 The fact that a work is unpublished shall not itself bar a finding of fair use.

Guidelines for Fair Use

The portion of a work that is subject to fair use guidelines varies depending on the type or media.  These limitations are as follows:

Copying of consumable materials is never permitted.  Examples of consumable materials are workbooks, tests, answer sheets.

Copying and distribution of copyrighted multimedia (CD-ROMs, DVDs, and VHS) is never permitted.