Wednesday, September 9, 2020

Copyright Awareness Part 3: Fair Use

Fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is NOT an infringement of copyright.  Fair use is determined on a case by case basis considering these four points: 

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

Note on Fair Use in education:  Education in a corporate environment (such as Ascension Health Care) has more restrictive permissions than those granted in an academic environment such as a school or university.   For example, it would be permissible to show a segment of film in an academic classroom as part of a course.  Showing a segment of a film, even for educational purposes, in a corporate educational program or meeting would require permission.

Learn more about Fair Use on our Copyright LibGuide.

Once you have decided that you would like to use a work:
  • Look for “Terms of Use,” Creative Commons or other information that may outline permissions. 
  • If you are unable to determine permission, use the Copyright Decision Tree for assistance in determining the best action for what you would like to use.  (Adapted from Wayne State University Libraries - Used with Permission)
  • See the Copyright Requests & Permissions Tab for more info on how to obtain copyright permission and documentation.  
  • When requesting permission to use a work, remember to request for Ascension Wisconsin, not just for your department or facility. 

Want to learn more?  Visit the Copyright LibGuide.

Remember, your Librarians, Michele Matucheski and Kellee Selden are available to help you with copyright questions as well as other reference and research needs.  

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