Wednesday, February 15, 2017

Fair Use and Fair Dealing Week 2017!

February 20 to February 24 is Fair Use/Fair Dealing week!

(Read more about the history of Fair Use Week on the Copyright at Harvard Library" blog by Kyle Courtney and about the events for the week on the Fair Use Week website.)

What is "Fair Use"?

Section 107 of the US copyright law explains Fair use (color added to text for emphasis by the author):

107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A [Exclusive rights in copyrighted works], 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—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) 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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

The Visual Resources Association (VRA) has also written a Statement on Fair Use for Teaching, Research, & Study, which can be found here (with other resources about copyright).
It is important for educators, researchers, and students to exercise their fair use rights to materials for teaching and learning!

*Fair Dealing is the Canadian exception similar to Fair Use

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