The following four factors are used to determine if a use is fair:
* Not all uses in an academic context are automatically considered fair use!
The Fair Use Doctrine is probably the most important exemption to copyright protections for educational settings, allowing many uses of copyrighted works for the purposes of teaching and research. The complexity of fair use and its importance in academia make it imperative that every member of CSULB understands how to make judgements concerning fair use.
Review these Common Scenarios to help you determine whether or not fair use is appropriate.
Fair Use Evaluator: helps users collect, organize, and document the information they may need to support a fair use claim, and provides a time-stamped PDF document for the users’ records. Developed by the American Library Association, Office for Information Technology Policy.
Fair Use Checklist: From Columbia University, this widely regarded tool walks you through the necessary steps to determine if how you will use a resources falls within Fair Use. It has been road tested as well! In the recent "Georgia State" case, the court noted that the checklist was a good tool for faculty use.
Using Existing Works: guides users through the process of determining if a use is fair. Developed by The University of Minnesota Libraries.