Fair use is a legal exception that allows limited use of copyrighted material without permission under certain conditions. It’s especially important in education, research, and commentary, but it’s not a blanket exemption.
To determine if something qualifies as fair use, U.S. copyright law requires that you consider all four factors below. No one factor is decisive; fair use is a balancing act.
Courts consider these four factors when evaluating whether a use is “fair” under copyright law:
💡 Tip: Educational use alone does not guarantee fair use. All four factors must be considered.
Using a checklist can help you apply the four factors fairly and consistently. It also serves as helpful documentation if your use is ever questioned.
💡 Tip: A checklist does not guarantee legal protection, but it shows that you made a good faith effort to comply with copyright law.
You can save or print a completed checklist for your records or departmental compliance.
💡 Tip: A checklist does not guarantee legal protection, but it shows that you made a good faith effort to comply with copyright law.
You can save or print a completed checklist for your records or departmental compliance.
📚 Fair use is established in 17 U.S. Code § 107 and educational copying exceptions are found in 17 U.S. Code § 108.
📌 Need Help with Fair Use?
Fair use isn’t always clear-cut. If you’re unsure how the four factors apply to your course materials, we’re here to help.
The NWACC Library can:
📧 Email us at library@nwacc.edu