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Copyright

Copyright Best Practices

What is Fair Use?

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.

How Fair Use Works – The Four Factors

Courts consider these four factors when evaluating whether a use is “fair” under copyright law:

  1. Purpose and Character of the Use
    Is the use transformative? Is it for nonprofit, educational purposes or commercial gain?
  2. Nature of the Copyrighted Work
    Is the work more factual or creative? Using factual works favors fair use.
  3. Amount and Substantiality
    How much of the work is used? Was the “heart” of the work used?
  4. Effect on the Market
    Could this use harm the market for the original or its licensing opportunities?

💡 Tip: Educational use alone does not guarantee fair use. All four factors must be considered.

Using the Checklist

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?

📌 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:

  • Walk you through the fair use checklist
  • Help you decide whether linking, excerpting, or requesting permission makes the most sense
  • Assist with documentation for department records

📧 Email us at library@nwacc.edu