Last Modified: 06/20/99
Webagogy - Intellectual Property

Fair Use

Academic communities rely heavily on the legal concept of "fair use." Under this principle, portions of the works of others may be used for purposes such as scholarship, commentary, criticism, and parody.

Whether a particular use is considered appropriate is determined by weighing four factors:

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. The nature of the copyrighted work;
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. The effect of the use upon the potential market for or value of the copyrighted work.
From Section 107 of the Copyright Act of 1976. Limitations on exclusive rights: Fair use

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