1. What the heck is “fair use”? Beth DeAngelo Manassas Campus Library, NVCC- Fall 2005 ?

2. Fair Use: Fair use is defined in section 107 of the copyright law. It means that for purposes of teaching, scholarship, and research, you can (in certain situations) use copyrighted materials (within limits) without getting prior permission. Remember: think brevity and spontaneity! Fair use isn’t always easy to determine! To help you decide if your use is “fair”, section 107 identifies four factors to consider.

3. The Four Factors of Fair Use: 1.Purpose of use MORE fair: Non-profit or educational use LESS fair: For profit or commercial use 2.Nature of the publication MORE fair: Work is factual in nature; published LESS fair: Work is very creative; unpublished

4. The Four Factors of Fair Use: 3. Amount & substantiality of the whole MORE fair: Using a small amount of the work, not a substantial amount LESS fair: Using the entire work, or the “heart” of the work, or a part that is central to the whole. 4.Effect on the market MORE fair: Your use has little or no effect on the market LESS fair: Your use significantly weakens the market for the copyrighted work.

5. Need help deciding? “Checklist for Fair Use”, from the Copyright Management Center at Indiana University: http://www.copyright.iupui.edu/checklist.htm Copyright information from NVCC’s Media Processing Services: http://www.nvcc.edu/depts/mps/IndexCopyright.htm George Mason University’s Copyright Center: http://library.gmu.edu/copyright/