LibGuides: Copyright: Fair Use

What is Fair Use?

The Fair Use Doctrine (section 107 of U.S. Copyright law) is a part of the Copyright Act of 1976 and is based on a history of judicial decisions that recognized that some unauthorized use of copyrighted materials were "fair uses."

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. It also sets out 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
The effect of the use upon the potential market for, or value of, the copyrighted work

For help determining if your use of copyrighted materials is a fair use the USF Tampa Library has created a checklist linked below. Please feel free to contact your librarian with questions or for help with the checklist, or obtain legal advice from USF General Counsel.

FAMU Fair Use Checklist
This worksheet is offered as a tool to help you determine if your use of copyrighted content is likely to be considered to be a “fair use.”

Some other links that you may find useful:

FAMU Office of General Counsel
Contact information for FAMU Office of General Counsel.
Fair Use Evaluator
A step by step wizard that will help you determine if your use might be fair.
Fair Use Best Practices and Guidelines
A list of Best Practices papers and guidelines for a variety of purposes and works, like poetry, documentaries, and scholarly communication.
Ask your Copyright Librarian
Form for FAMU students, faculty, and staff to ask copyright-related questions of FAMU librarians. If the question is complex, the librarians may suggest a consultation appointment.