Fair Use

Fair use is not a copyright status but is actually a copyright principle that suggests that the public can make certain uses of copyrighted works without permission. Whether or not a specific use falls under Fair Use is determined by four factors:

the purpose and character of your use
the nature of the copyrighted work
the amount and substantiality of the portion taken, and
the effect of the use upon the potential market.

There are additional exceptions and limitations to copyright, but to streamline sharing and remix, explicit permission to reuse and adapt work (such as through a CC license) is preferable to seeking defense under Fair Use or related exceptions.

Whether or not something falls under fair use is decided by the courts on a case by case basis. There are no strict rules for fair use, only loose guidelines. When using something for an educational purpose, fair use tends to be interpreted broadly. However, you really need to understand how fair use works to determine if your use applies.

More Resources

Fair use (Wikipedia)
Fair Use (Stanford University Libraries)
Limitations and Exceptions (World Intellectual Property Organization – WIPO)
Thinking Through Fair Use UMN Libraries
Copyright and Fair Use: The Stanford University Libraries
Fair Use Checklist Columbia University Libraries

The Harper College Copyright Tutorial has an excellent step-by-step guide to determining if you can use something in class.

Attribution: UH OER Training by William Meinke is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted.

The TEACH act

The TEACH Act is the result of lengthy conversations and negotiations between representatives of the various stakeholders in the copyright arena. The result is a compromise that no group is entirely happy with and, for many, it is too much trouble to implement. Remember, however, that “TEACH” is really just a shorthand way of referring to the current Section 110(2) of the Copyright Act. Just as you may choose not to rely on fair use, you can also choose not to rely on TEACH. A summary of the TEACH Act is provided in the “Digging Deeper” folder in the Module and the J. Murrey Atkins Library at UNC Charlotte has a good webpage dedicated to the TEACH Act.

Attribution:

Copyright and Fair Use: A Guide for the Harvard Community. Authored by: Harvard, Office of the General Council. Provided by: Harvard University. License: All Rights Reserved. License Terms: Permission granted by the Office of the General Council for use of this document in this course.