UI&U Copyright and Fair Use Guidelines

Issue

Requests to post copyrighted materials (journal articles, book chapters, images, etc.) online via e-college. Just because materials will be used for academic purposes, fair use guidelines cannot be automatically assumed.

Four factors must be considered in order to determine the fair use of a copyrighted work as outlined in Section 107 of the Copyright Act (title 17, U.S. Code):

1. the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit 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 mark.

These rules translate into four questions