Hunter College Libraries

What is Fair Use?

The rights accorded to the owner of a copyright is subject to certain limitations found in sections 107 through 120 of the Copyright Act. One of the more important limitations is the doctrine of fair use, which is specifically applicable to teaching, research, and scholarship. Section 107 outlines four factors to be considered in determining whether or not a particular use is fair:

• The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
• The nature of the copyrighted work;
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
• The effect of the use upon the potential market for or value of the copyrighted work.

The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. For additional information on fair use, see Fair Use of Copyrighted Works:  http://www.cetus.org/fairindex.html

Fair Use for Classrooms & Library Reserves

The ALA Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use states: "At the very least, instructors may make a single copy of any of the following for scholarly research or use in teaching or preparing to teach a class:

1. a chapter from a book;
2. an article from a periodical or newspaper;
3. a short story, short essay, or short poem, whether or not from a collective work;
4. a chart, diagram, graph, drawing, cartoon or picture from a book, periodical, or newspaper."