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About the Library: Fair Use

Fair Use

Fair Use is the statutory right to use copyright protected works. In order to determine whether a proposed use is fair use, the following four factors must be considered:

  1. purpose and character of the work,
  2. nature of the work,
  3. amount and substantiality of the portion being used and
  4. effect on the market for the original.

A fair use determination requires careful evaluation of each factor without reliance on any single factor. While the educational purpose of the use is a relevant consideration with respect to the first factor, it is not an automatic guarantee of fair use protection.

 

The Marist Copyright Policy recommends making a fair use determination using the Fair Use Checklist when you are unable to locate licensed materials from the James A. Cannavino Library or Creative Commons and do not have time to seek permission to use the materials.

17 USCS § 107 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title17/pdf/USCODE-2011-title17-chap1-sec107.pdf