FAIR USE is the right to use a copyrighted work under certain conditions without prior permission of the copyright owner. The doctrine helps prevent a rigid application of copyright law that would stifle the very creativity the law is designed to foster. It allows one to use and build upon prior works in a manner that does not unfairly deprive prior copyright owners of the right to control and benefit from their works.
COPYRIGHT is the right of an author, artist, composer, or other creator to control other’s use of their original work.
For educational institutions, libraries, and the public, the Fair Use Doctrine is the most important limitation on the rights of the copyright owner—the “safety valve” of US copyright law.
Rules/guidelines for fair use are:
Evaluation of Fair Use or Permissioned use of copyrighted materials should be documented to show intent and demonstrate that permissions were sought as needed.
American Library Association's Fair Use Evaluator: A web form that you can use to create a date stamped fair use evaluation for your records.
Never copy and distribute copies of entire books, workbooks, study guides, practice books, or even an entire page from a textbook. There is NO fair use exemption for workbooks, study guides, practice or testing books, and textbooks.
The use of articles, books/chapters, videos, web pages, or other copyrighted works in a physical classroom.
Copyright law values the educational use of topic pertinent materials. The Classroom Use Exemption (17 U.S.C. §110(1)) applies only in limited situations, but it allows a variety of fair use rights. In-class viewing, inclusion of such materials in PowerPoints, or reading of a published copyrighted work, whether it's an article, book/chapter, or video, is considered a public performance that is permitted under the Classroom Use Exemption.
If the class is recorded for viewing at a later time, copyrighted materials are not covered by the Classroom Use Exemption and must have cleared copyright permissions. Otherwise, such materials must be removed or obscured in the recording.
Distribution of photocopies for read along is not permitted under the Classroom Exception. Always inform students of material sources and acknowledge the copyright holder/author.
Exemption qualifications:
Restrictive? Somewhat, but if you meet the conditions, the exemption gives broad latitude to both instructors and students to use any works.
The Classroom Exemption covers the following at CDU:
When does 110(1) not apply?
The Classroom Use Exemption only authorizes in-person performance or display. If you are making or distributing copies (i.e., handing out readings in class), this exemption does not apply.
Digital Millennium Copyright Act: The Digital Millennium Copyright Act | U.S. Copyright Office
Reproduction of Copyrighted Works by Educators and Librarians, US Copyright Office Circular 21 revised 08/2014
The following tips can ensure you are "fair use" compliant:
The safest means of delivering an article or chapter access in the CDU Blackboard LMS is through an embedded link on a closed site.
Library-licensed Materials (journal articles, book chapters, e-books, etc.)
Non-Library Licensed Materials
The TEACH Act, Cornell University
The Digital Millennium Copyright Act | U.S. Copyright Office
Reproduction of Copyrighted Works by Educators and Librarians, US Copyright Office Circular 21 revised 08/2014
Using Learning Management Systems Guidelines and Best Practices for Compliance (CCC)
LEGAL DISCLAIMER: The content of this LibGuide is intended for informational purposes only and does not constitute legal advice. If you need legal advice, please contact the University General Counsel.
I can use this article because it's Fair Use for educators. True or False? Well, it depends.
The Fair Use Fundamentals infographic explains what fair use is, why it is important, who uses fair use, and provides some examples of fair use. Fair Use Fundamentals (nxcli.io)
12 Myths about Fair Use Infographic: Many myths persist about fair use, an essential right that allows the use of copyrighted material without permission from the copyright holder under certain circumstances. We debunk some of the most common fair use myths. Fair Use Myths & Facts (fairuseweek.org)
Creative Commons licensed by ACRL Fair Use/Fair Dealing Week. Fair Use/Fair Dealing Week (fairuseweek.org)
Showing educational films on campus carries with it
Teaching Plagiarism Prevention to College Students : An Ethics-Based Approach by 
