Skip to Main Content

Copyright

Basics of Copyright for Educational Use

Fair Use

Fair Use* is determined by a balanced application of four factors set forth in the statute:

(1) the purpose of the use; (2) the nature of the work used; (3) the amount and substantiality of the work used; and (4) the effect of the use upon the potential market for or value of the work used.

The purpose of the use: 

  • Educational: teaching, research, scholarship, criticism, comment
  • Transformative (changes the work to serve a new purpose)
  • Nonprofit

Nature of the Work

  • Factual, nonfiction, news
  • Published works

Amount and Substantiality of the Work Used

  • Small quantity (single chapter or journal article or other excerpt of less than 10% of the total)
  • Portion used is not central to the entire work
  • Amount is appropriate to educational purpose

Effect of the Use on the Value of the Work Used

  • No significant effect on market value of the work
  • One or few copies distributed
  • No longer in print, no licensing in place
  • Restricted to students in the class or other limited group. 

*A more elaborate statement of Fair Use may be found at the website of the U.S. Office of Copyright at: https://copyright.gov/fair-use/