The Fair Use Doctrine allows for some copyrighted material to be used in education settings, with some restrictions. Section 107 of the U.S. Copyright Act allows a determination to be made along 4 factors: (1) the purpose of the use; (2) the nature of the work used; (3) the amount and substantiality of the work used; and (4) the effect of the use upon the potential market for or value of the work used.
This determination must be made each time one wants to use a copyrighted work in a class. See the Resources box below for a link to tool to help you make your own Fair Use determination.
Our Resource Sharing department will scan portions of a book/text for Canvas as long as the Library or faculty member owns a copy of the work. Complete the online form to make your request.
The Library will not scan any resource requested through OhioLink.
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Factor |
Favoring Fair Use |
Opposing Fair Use |
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Purpose & character of the use |
-Nonprofit institution -Education & teaching -Research or scholarship -Criticism or comment -News reporting -Transformative or productive use -Personal -Parody |
-For-profit institution -Commercial - Entertainment -Bad faith behavior is involved -Denying credit to the original author |
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Nature of the work |
-Published -Factual or non-fiction -Use important to instructional objectives |
-Unpublished -Highly creative, imaginative work (artwork, graphics, music, novels, plays, commercial movies) -Fiction |
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Amount used & substantiality of the portion used (portion used in relation to the whole) |
-Small quantity used -Portion used is not central to the work (not the “heart of the work”) -Amount used is appropriate for the educational purpose |
-A large portion or the entire work is used -The portion used is central to the work or it is the “heart of the work” |
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Effect of the use on the market |
-User owns a lawfully acquired or purchased copy of the work -One or a few copies are made -Use has no significant effect on the market or potential market of the work -There is no similar product marketed by the copyright holder -There is no licensing mechanism |
-Use could replace the sale of the work -Use impairs the market or potential market for the work -There is a licensing mechanism or affordable permission available for the work -Numerous copies are made -Work is made available via the Internet -There is repeated or long- term use |