Fair use in teaching and research

The 1976 Copyright Act provides important exceptions to the rights of the copyright holder that are specifically aimed at nonprofit educational uses of copyrighted works and libraries. Two provisions of the copyright statute are of particular importance to teachers and researchers:

  • a provision that codifies the doctrine of "fair use," under which limited copying of copyrighted works without the permission of the owner is allowed for certain teaching and research purposes; and
  • provision that establishes special exemptions for the reproduction of copyrighted works by libraries and archives.

The "fair use" doctrine embodied in the Fair-Use Statute Section 107 of the 1976 Copyright Act, allows reproduction and other uses of copyrighted works under certain conditions for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research for educational and research purposes. For more information on fair use, see the Office of Technology Transfer's guide to Using Copyrighted Works of Others.

Four factors of fair use

Fair-use Statute Section 107 lists the following factors as the ones to be evaluated in determining whether a particular use of a copyrighted work is a permitted fair use:

  • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes -- uses in nonprofit educational institutions are more likely to be fair use than works used for commercial purposes, but not all educational uses are fair use.
  • the nature of the copyrighted work -- reproducing a factual work is more likely to be fair use than a creative work such as a musical composition
  • the amount and significance of the portion used in relation to the entire work -- reproducing smaller portions of a work is more likely to be fair use than large or essentials portions
  • the impact of the use upon the potential market for or value of the copyrighted work -- uses which have no or little market impact are more likely to be fair than those that interfere with potential markets.

The fair use law is purposefully broad and flexible. It requires a thoughtful analysis of each of the four factors based on specific circumstances. In applying the four fair use factors, each factor is relevant in order to determine whether a particular use is a fair use. A final determination on fair use depends on weighing and balancing all four factors against the facts of an individual situation. UC faculty, staff, and students are encouraged to make decisions about a contemplated fair use of copyrighted works in an informed and reasonable manner in order to meet educational and research objectives. For more information on applying the four factors of fair use, see Fair use tools. If it is unclear whether a particular use is permitted under fair use, you should consider obtaining permission to use the work from the copyright owner.

For further clarification please direct your questions to learnbme@calit2.net.