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Copyright for Educators: Fair Use

Fair Use Checklist

Use this checklist to determine if your particular use falls under the Fair Use exemption. As you work through the checklist, you will get a sense of which side of the equation your use falls-permissible or not.

Fair Use Guidelines for Video Use

Best Practices for Fair Use of Video Content in the Classroom

  • Limit access to video content to students enrolled in the course.
  • If copying a video, do not use any more of the video than the amount needed to serve your purpose. Use clips that are pertinent to your lesson plan.
  • Transform video when appropriate through the addition of background readings, study questions, commentary, criticism, annotation, and student reactions.
  • Notify students that videos are being made available for teaching, study, and research only.
  • Do not allow students to download, copy, or redistribute the material.
  • Note use of any content that is protected under U.S. copyright, and provide attributions to known copyright owners of the videos.

Content adapted from University at Albany under CC BY-NC 4.0.

Fair Use

Use this guide to assist you in determining whether you make make, show, or distribute copies of works protected by copyright without having to obtain the permission of the copyright holder.

PURPOSE OF THE USE

Favoring Fair Use Disfavoring Fair Use

Educational use (Teaching, Research, Scholarship, Criticism, Comment)

Commercial, Entertainment, etc.
Transformative or Productive use Non-transformative, verbatim, or exact copy
Nonprofit use Profit-generating use

NATURE OF THE MATERIAL

Favoring Fair Use Disfavoring Fair Use
Factual, Nonfiction, News Creative (Art, Music) or Consumable (Workbooks, Tests)
Published Work Unpublished Work
Important for educational objectives Fiction

AMOUNT COPIED

Favoring Fair Use Disfavoring Fair Use

Small quantity (e.g. A single chapter or journal)

 Large portion or entire work article or other excerpt.
Portion used is not central to entire work. Portion used is central of the work.

USE OF COPIES

Favoring Fair Use Disfavoring Fair Use
User owns lawfully acquired or purchased copy of original work. Could replace sale of copyrighted work.
One or few copies made. Numerous copies made
  Web/public accessibility to the copy.
  Repeated or long term use.

 

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