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Fair Use Text
Excerpted from United States Code, Title 17, Section 107: 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 non-profit 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; and
- the effect of
the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of
fair use if such finding is made uponconsideration of all the above factors.
Fair Use Determination
All
factors are considered when determining fair use and no one factor is more
important than another. Not all educational uses are “fair uses.” Each
use of a copyrighted work needs to be evaluated individually as there are
no clear-cut and unambiguous rules of fair use. Kenneth Crews and David Wong
from Indiana University-Purdue University Indianapolis created a webpage
with examples of common
scenarios in the application of the principle of fair use
in electronic reserves systems. Each factor is analyzed and possible alternative(s)
to electronic reserves are given.
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