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Q. Can I use copyrighted materials for teaching or research under Fair Use?

There are certain circumstances under the Copyright Act where it is permissible to reproduce or display copyrighted works for purposes such as teaching, scholarship, or research without the permission of the copyright owner. These circumstances are governed by the “Fair Use” doctrine. The application of all four of the following factors are considered when evaluating a question of fair use:

The Purpose and Character of the Use, Including Whether the Use is of a Commercial Nature or is For Non-Profit Educational Purposes: A non-profit or non-commercial use weighs in favor of a fair use. Non-profit educational purposes, such as duplication for classroom purposes rather than commercial purposes, generally tend to support a finding of fair use.
Nature of the Copyrighted Work: Works fall into categories such as published or unpublished, fact or fiction. Published factual works, such as form books, dictionaries or other factual works, by their nature more readily support a finding of fair use than do unpublished works or non-factual, fictional, creative works. In addition, use of an unpublished work is less likely to be considered fair.
Amount and Substantiality of the Portion Used in Relation to the Copyrighted Work as a Whole: If the portion of the work copied or used in relation to the entire work is quantitatively and qualitatively insignificant, fair use is more likely. No specific number of words or percentage copied of the work is set as being permissible. Copying of a minor portion of a work may still be found unfair if the portion constitutes the essence or critical part of the work. Users should post links to articles and materials whenever possible rather than duplicating enitre works.
The Effect of the Use upon the Potential Market for or Value of the Copyrighted Work: This factor includes reviewing whether, and to what extent, the use harms the existing or future market of the copyright owner's original work. Duplication or use of a copyrighted work that does not diminish the potential market for the work and could not cause substantial harm if it were to become widespread supports a finding of fair use.

Please visit our Copyright Guidance Guide for more information regarding copyright. For copyright questions, please email library@gmercyu.edu or call 215-646-7300 ext. 21484 and we will be happy to assist you!

Q. Can I use copyrighted materials for teaching or research under Fair Use?

Answered By: Eileen Romano

Last Updated: Mar 13, 2025 Views: 5

Related Topics

Q. Can I use copyrighted materials for teaching or research under Fair Use?

Answered By: Eileen Romano Last Updated: Mar 13, 2025 Views: 5

Related Topics

Answered By: Eileen Romano

Last Updated: Mar 13, 2025 Views: 5