Library Tutorial - Information Ethics - Fair Use

The copyright law allows everyone, under certain circumstances, to reproduce parts of copyrighted works.  This part of the law is called "Fair Use." Not "Any Use," but only fair use.  The purposes included are for criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.  While there is no simple test, and the courts will decide in the end, the law lists four factors to be considered when deciding if part of a copyrighted work can be used fairly.  The factors are:

(1)   the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 

• [In other words: it's often ok to use material for educational purposes, but not if you're going to make money.]

(2)   the nature of the copyrighted work;

• [In other words: do you want to use material from a scholarly or commercial work?]

(3)   the amount and substantiality of the portion used in relation to the copyrighted work as a whole;

• [In other words: how much and how important is that part to the whole of the work? There is no set number of lines or words [or minutes] that may be taken to ensure you're within fair use.]

(4)  the effect of the use upon the potential market for or value of the copyrighted work.

• [In other words: did your use cost the author money that should have been paid to that author?]

(The four numbered items above come from the Copyright Law of the United States. Circular 92. Sec. 107 <http://www.loc.gov/copyright/title17/92chap1.html#1-38>.)

The fair use law section of the copyright law is meant to serve as a defense against copyright violation accusations or lawsuits.

In your search for information, you should:

• assume that all materials you find are copyrighted.
• understand that an information source does not have to be registered with the Copyright Office to be covered by copyright.
• know that an information source is copyrighted as soon as it is created and that it does nothave to have the copyright symbol on it.
• understand that an exception occurs when a document specifies that it is public domain, which can be used freely by anyone.

Even after deciding whether or not you can use material under "Fair use" or after asking and receiving permission from copyright holders such as authors, developers, publishers you are faced with a related ethical issue - plagiarism. 

next - Plagiarism