Written by copyright specialists at institutions of higher learning, this statement was developed to guide instructors who have transitioned to online instruction during the COVID-19 pandemic.
One important aspect of copyright law is “fair use,” which allows for the use of copyrighted works without obtaining permission from the author. Consider these four factors to help you decide if using material complies with the fair-use principle.
1) The purpose and character of the use. Courts favor uses where the purpose is to benefit the public, even when that benefit is not “direct or tangible.”
2) The nature of the work. Publication status, genre, factual, or fiction--this factor alone rarely determines fair use.
3) The “amount and substantiality” of the work used. Is “the quantity and value of the materials used ... reasonable in relation to the purpose of the copying?"
4) “The effect of the use upon the potential market for or value of the copyrighted work.” Weigh the benefits of public use of the material against the benefits gained by the copyright holder who denies permission to use the work. Search for licensed alternatives if time permits.
