Fair Use
Brandeis University Check List for Fair Use of Copyrighted Materials
Brandeis University is committed to full compliance with the laws governing the use of copyrighted material for academic purposes. One provision in the law allows for limited academic use: The doctrine of "fair use," as described in the Copyright Act of 1976, Section 107, governs the type and amount of material that may be placed on reserve in the library or online in a course management system without seeking permission from the copyright owner.
These four factors determine whether "fair use" applies, or if you need to seek permission to copy or scan a reading for your course.
Here's how the four factor "fair use" test works:
- Use this checklist below, and see how the balance tips with each answer
- Make a judgment about the final balance: do you have more check boxes on the left or the right? Overall does the balance tip in favor of "fair use" or in favor of getting permission?
| 1. Purpose: How will the copied work be used? | |
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Favoring Fair Use |
Opposing Fair Use |
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| 2. Nature: What type of work is the original? | |
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Favoring Fair Use |
Opposing Fair Use |
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| 3. Amount: How much of the original work will be copied? | |
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Favoring Fair Use |
Opposing Fair Use |
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| 4. Effect: How will copying affect the market for the orginal work? | |
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Favoring Fair Use |
Opposing Fair Use |
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