Alex Thiemann Lynn Tran 6/13/11 Set 4: What is fair use?

Fair use references the proper and legal methods for using, copying, and displaying copyrighted materials without obtaining permission from the rights-holders. In the educational arena the use of these materials falls under the premise of fair use since it is used for the purpose of commentary, criticism, and parody1. For example, in education, portions of a given medium should be allowed usage in order to make comparisons or critical commentary in order to further enhance the learning experience. How does fair use fit with copyright law? Fair use is still governed and restricted via copyright law. The restrictions of fair use change for each medium. With some printed materials (essays, articles, poems) teachers are allowed to make copies for classroom usage and students are able to use information in their own presentations and projects 2. Although, copying entire books or older works that have limited availability are only able to be copied a limited amount of times by school librarians. Also, video and music used in the classroom may be 10% or less of the entire piece of work. Infringement of these laws and the laws for other mediums may lead to legal complications. If copyright holders disagree with the interpretation of fair use of their materials, then the copyright holders can take that person to court. There are four factors that judges consider when deciding if a work has been infringed or within fair usage: 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. 3

Stanford University Libraries http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html 2 Copyright and Fair Use Guidelines for Teaching - www.techlearning.com 3 Stanford University Libraries http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html