Edgewood College Copyright Policy

Fair Use

The concept of fair use is somewhat vague, and its application depends on the facts of the particular case. Fair use is a gray area that is not definitively described in either case or statutory law.

Common Myths

Many think "educational purposes" is a blanket defense that can excuse an educator from infringement of copyright law. This is not true. Even educators need to get permission to copy works that they intend to distribute in class.

Availability online does not make it part of the public domain. Internet materials are protected by copyright law.

Out-of-print books, depending on the date of publication (see public domain chart), may also be protected. Courts have viewed these instances as the copyright holder's only recourse to compensation for creation of the work, and it is particularly important to seek permission in these cases.

The Four Factor Test

In determining whether a particular use of a copyrighted work is permitted as fair use, the courts will evaluate the use in light of four factors:

  1. The purpose and character of the use;
    • Is your use transformative? Are you using the work as a basis for parody or for criticism?
    • Does your use offer additional expression or meaning? Do you add value to the original work?
      [Using for parody or scholarly critique is more likely fair use]
  2. The nature of the copyrighted work;
    • Is the work creative or factual?
    • Is it published or unpublished?
      [Fair use is more likely to apply to factual published works; creative or unpublished works probably require permission]
  3. The amount and substantiality of the portion used in relation to the copyrighted word as a whole;
    • Are you taking a small or large portion of the work?
    • Are you taking the "heart" of the work?
      [A small part is more likely to be fair use while a large amount would not be. Be careful about using as small part that is the "heart" of a work such as the identifying musical phrase or "giving away" the core of the work in a critique; these could be an infringement of copyright.]
  4. The effect of the use upon the potential market or value of the copyrighted work.
    • Is your use likely to create a larger market for the work? Will your use prevent the purchase of the work?
      [The former leans toward fair use while the latter requires permission]

The fact that a work will be used for educational purposes will tip the scales toward fair use, but if distributing copies in class eliminates all the class members from the potential market, the scales may tip back. Additional Resources

Stanford University gives an explanation of each of the four factors and several scenarios.

The University of Texas offers rules of thumb for determining fair use.

Indiana University Purdue University Indianapolis has a four factor checklist.

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