Copyright
The Fair-Use Statute Section 107 of the Copyright Act of 1976.
Limitations on exclusive rights:
Fair use notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in 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 the copyrighted work;
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- 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- The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
For detailed interpretation of this statute see article “Fair-Use: Overview and Meaning for Higher Education” by Kenneth D. Crews posted on the Indiana University Copyright ManagementCenter website. See GSUI Lawsuit Complaint for recent e-reserves lawsuit by Cambridge University Press, Oxford Press and Sage Publications against Georgia State University.
Rice-Aron Library Policy
For instructions on how to obtain copyright permission please see Obtaining Copyright Permission
Web Resources
- Copyright FAQ (Indiana University)
- Copyright Use Tutorials