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"fair use" you may photocopy copyrighted materials, within
certain conditions, without first obtaining the copyright owner's
permission. This usually includes making a single photocopy for
personal research use. However, "fair use" is not precisely
defined in numbers of pages or copies.
Refer
to Course
Reserves for examples of copyright compliant and non-compliant
use.
Refer
to the Act below to determine whether your intended use falls within
"fair use".
17
U.S.C. SS107. Limitations on exclusive rights: Fair
use
Notwithstanding the provisions of section 106, the fair use of
a copyrighted work, including such use by reproduction in
copies or phonorecords 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
purposes
- the nature
of 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 Association of Research Libraries (ARL) has released a white paper, “Educational Fair Use Today,” by Jonathan Band, JD. Band discusses three appellate decisions, which were recent as of 2007, concerning fair use that should give educators and librarians greater confidence and guidance for asserting this important privilege.
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