Posts with the tag: fair use

Thinking about Fair Use

This week is Fair Use/Fair Dealing Week (Feb. 21-25), a celebration of the concepts of fair use and fair dealing. As the Association of Research Libraries states, “Fair use (in the US) and fair dealing (in Canada and other jurisdictions) is a right that allows the use of copyrighted materials without permission from the copyright holder under certain circumstances.” The events during the week are for educating students, staff, and researchers on fair use/fair dealing doctrine, offering opportunities to participate in activities, and hearing successful stories of fair use in practice. The week is sponsored by the Association of Research Libraries (ARL) and there are events scheduled by many institutions.

How much do you know about Fair Use Doctrine?

The University of Colorado at Boulder Libraries has created a fun, interactive quiz titled ‘Is it Fair Use? It Depends!‘ The quiz walks you through a number of scenarios based on what you selected previously.

Fair Use Myths and Facts Explained

Other infographics include: Fair Use Fundamentals, Fair Use in a Day in the Life of a College Student; Fair Use Promotes the Creation of New Knowledge; and How Fair Use Helps in Saving Software.

Fair Use Myths and Facts


Fair Use Myths and Facts


Learn about Fair Use / Fair Dealing this week

Welcome to Fair Use / Fair Dealing Week (Monday, February 24 – Friday, February 28). This week is an annual event devoted to the doctrines of fair use and fair dealing, important components of scholarly research. From the Association of Research Libraries:

Fair use and fair dealing are essential limitations and exceptions to copyright, allowing the use of copyrighted materials without permission from the copyright holder under certain circumstances.

Fair use and fair dealing are flexible doctrines, allowing copyright to adapt to new technologies. These doctrines facilitate balance in copyright law, promoting further progress and accommodating freedom of speech and expression.

While fair use and fair dealing are employed on a daily basis by students, faculty, librarians, journalists, and all users of copyrighted material, Fair Use/Fair Dealing Week is a time to promote and discuss the opportunities presented, celebrate successful stories, and explain the doctrines.

What is Fair Use?

Section 107 of the U.S. Copyright Act (Limitations on exclusive rights: Fair use) provides four factors in determining fair use as you balance your needs with that of the copyright holder:

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Determining Fair Use

CUA students, faculty, staff, and librarians should be aware of the concept of fair use and its many applications to creating, building, and writing original works. There are a number of sites that can walk a person through the quagmire of determining fair use:

Fair Use Evaluator:

The Scholarly Communications & Copyright Office at the Penn State Libraries has a checklist for balancing the pros and cons of fair use.

The Copyright Advisory Services at the Columbia University Libraries has a roadmap for determining fair use.

How one obtains permission from an author to use a copyrighted work can be daunting. The Library of Congress has provided a handout to address some concerns. Also, there is a great post on knowing when to use a copyrighted work.

Fair Use and Open Educational Resources (OER)

Open Educational Resources (OER) is a growing trend in education. Students can save money by using open access textbooks and faculty can create books for courses using OER. Consequently, having a solid grasp of fair use practices is essential for conforming to the law. One way to evaluate whether something is fair use or not is to use the Fair Use Evaluator mentioned above. The evaluator will walk the instructor through the process and provide an explanation at the end. This explanation can be put in the OER to notify everyone that a fair use evaluation took place. For background information on OER, check out our recent blog posts here and here.

Association of College & Research Libraries webinar

The U.S. Copyright Office has an index that follows judicial decisions on fair use. ACRL is offering a free webcast celebrating Fair Use/Fair Dealing Week. Join the webinar on Tuesday, February 25, at 2:00 pm EST, for “Understanding Fair Use Through Case Law,” presented by Sandra Aya Enimil, Assistant Professor and Copyright Services Librarian, and Maria Scheid, Copyright Services Coordinator, both at The Ohio State University.


Fair Use Fundamentals Infographic.

How Fair Use Helps In Saving Software Infographic.

Fair Use Week on Twitter.

Fair Use Week blog.

Fair Use / Fair Dealing Week 2019

This week is Fair Use/Fair Dealing Week (February 25th – March 1st).  The organizers of the event state that “Fair Use Week is an annual celebration of the important doctrines of fair use and fair dealing.The week is designed to highlight and promote opportunities presented by fair use and fair dealing, to celebrate successful stories, and to explain these doctrines.”fair use


How Fair Use Helps in Saving Software

Fair Use Fundamentals

For further details and useful links about fair use and copyright, please read our post from last year:


Digital Scholarship @ CUA: Celebrate #FairUseWeek16

Celebrate Fair Use Week 2016 – what better way to keep learning and keep up with the author’s issues than by listening to Peter Suber discuss open access!

Gary Price, Editor, infoDOCKET and Peter Suber, Director of the Harvard Open Access Project and the Harvard Office for Scholarly Communication discuss key issues in the Open Access (OA) movement. Questions include: What are some of the key open access issues authors and librarians don’t understand? What are your thoughts about predatory publishing and possible solutions to it?


— Kimberly Hoffman