The doctrine of Fair Use, in section 107 of the Copyright Act of 1976, 1981 rev., specifically addresses the needs of scholars and students by mitigating the rights of copyright ownership. To determine fair use, consider the following four factors:
- The character and purpose of use, including whether the copies material will be for nonprofit, educational or commercial use.
- The nature of the copyrighted work, with consideration given to the distinction between a creative work and an informational one. For example, photocopies of a newspaper article are more likely to be considered fair use than copies of a musical score or short story. Duplication of text written for the classroom is less likely to be fair use than duplication of materials developed for public consumption.
- The amount or portion used in relation to the whole copyrighted work. Consider both the proportion of the larger work copied and used and the significance of the copied part.
- The effect of the use on the market for the copyrighted work. This is the most critical principle from which the other factors are derived. If reproduction reduces potential sales, that use is not likely to be found a fair use.
Permission for copying in excess of fair use - A professor must obtain written permission from the copyright owner to copy a large portion of a work or an entire work, or to produce multiple copies of chapters or periodical articles.