THE FAIR USE IS A LEGAL DOCTRINE
The Judiciary Committee recognized there is a “need for greater certainty and protection for teachers.” In an effort to meet this need the Committee provides innocent teachers and other non-profit users of copyrighted material with broad insulation against unwarranted liability for infringement.
Text of Section 107 of title 17
Basic doctrine of fair use, as stated in the first sentence of section 107, applies in a particular case, “Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phono-records or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”
The fair use of a copyrighted work, including such use by reproduction in copies or phono-records or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, the effect of the use upon the potential market for or value of the copyrighted work.
When there's a dispute, courts consider the following four issues in deciding whether a use is fair use. Why the party used the copyrighted material (for instance, for commercial versus educational purposes). Whether the copyrighted work is informational or for entertainment. How much of the copyrighted work the party used. Whether and how the use affects the market for or value of the copyrighted work.
Fair use is intended to balance the interests of copyright holders with the public interest in the distribution and use of creative works by allowing certain limited uses that might otherwise be considered infringement. Fair use permits a party to use a copyrighted work without the copyright owner’s permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
(I appreciate the US Copyright Office and University of San Francisco School of Law Attorney Richard Stim for providing the above information. Please let me know if it is against the copyright.)
