The content of this guide is meant to be informative. Information in this library guide does not supply legal advice nor is it intended to replace the advice of legal counsel.
Common Myths About Fair Use
Just because your use is for a non-profit educational purpose does not automatically give you permission to copy and distribute other people's work. 'Educational purpose' is only one of the four factors relating to a fair use determination. To decide whether a use is a fair use, the effect on the market, the amount used, and the nature of the work must also be taken into consideration.
There are no "bright line" rules for fair use; guidelines are not the law. A small amount could be the heart of the work and not fair use. There are no numeric rules, and that's a good thing--you'll want always to have the right to exercise judgment on what amount/which content you might need to use within your work.
There are different facts to consider when copying materials for online use, particularly when considering use of media or other visual works online. A fair use analysis must be conducted for online use same as for classroom use.
Effect on the market is only one of the four factors relating to a fair use determination. Whether or not you are making money does not matter so much as whether you are replacing the market for the item, for example if people can view your item instead of having to purchase it. To decide whether it’s a fair use, the effect on the market must be taken into consideration along with the other three factors: amount used, the purpose of the use, and the nature of the work.
Copyright is concerned with originality, not quality. Whether it’s high artistry or low budget B movies, anything that is an original and tangible creative expression receives copyright protection according to U.S. law.
Attribution is a matter of ethics and responsibility, but it has no bearing on a fair use assessment. To determine whether you have a fair use, you will need to go through the four factors assessment according to your intended use.
Even the smallest bit of a work including screenshots or stills can have copyright. There is still copyright in small portions of a work. You must make your own fair use assessment of the little bit you want to use. It may be a fair use to use a screenshot or still - but you still need to look at each use in light of all four factors and the overarching purpose of fair use.
Compiled from University of Michigan, Case Western Reserve University and the Center for Social Media at American University and adapted from Atla Copyright and Fair Use Libguide.
