“Fair Use”

Best Practices

When is it fair and legal to use other people’s copyrighted work to make your own? What’s the line between infringement and fair use? Use the Code of Best Practices in Fair Use for Online Video to make your own decisions.

Center for Social Media. (2005, November). Documentary Filmmakers’ Statement of Best Practices in Fair Use. Retrieved February 23, 2009,

Click here to see a video of filmmakers discussing the Best Practices Document

Center for Social Media. (2008, November). Code of Best Practices in Fair Use for Media Literacy Educators. Retrieved February 23, 2009, from .

Band, J. (2007). Educational Fair Use Today. Washington, DC: Association of Research Libraries. Retrieved January 9, 2008, from http://www.arl.org/bm~doc/educationalfairusetoday.pdf

Best Practices in Fair use for Media Literacy Education. Center for Social Media at American University (White Paper)

Fair Use: Analysis, Tools and Checklist

  1. Statutory Definition of Fair Use. US Copyright Office
  2. Fair use of copyrighted resources. Copyright Crash Course, by Georgia Harper
  3. Measuring Fair Use: The Four Factors.   Stanford University Libraries
  4. Fair Use Analysis Tool.  University of Minnesota
  5. Fair Use Checklist. Columbia University Libraries
  6. Ten Common Misunderstandings about Fair Use

Google Books and Fair Use (Congressional Research Service)

VIDEO

A legal defense of video riffing on popular culture. Chronicle of Higher Education, January 3, 2008

Fair Use and Documentaries in Court

Examples of Successful Fair Use in Documentary Film

Jaszi, P. (n.d.). Copyright, Fair Use and Motion Pictures.

Kenneth Crews. The Law of Fair Use and the Illusion of Fair-Use Guidelines. (2001). Retrieved May 4, 2009.

More Fair Use Resources from the American University Center for Social Media

Blog Post on Fair Use from Scholarly Communications at DUKE

The Fair Use Evaluator is an online tool that can help users understand how to determine if the use of a protected work is a “fair use.” It 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. The Fair Use Evaluator is located at http://librarycopyright.net/fairuse.

The Exceptions for Instructors eTool guides users through the educational exceptions in U.S. copyright law, helping to explain and clarify rights and responsibilities for the performance and display of copyrighted content in traditional, distance and blended educational models. The Exceptions for Instructors eTool is located at http://librarycopyright.net/etool.

Harper, G. K. (2007, December 5). Jon Band publishes Educational Fair Use Today. Collectanea Blog. Commentary on article by Jon Band; response by Jon Band follows. Retrieved August 27, 2008, from http://chaucer.umuc.edu/blogcip/collectanea/2007/12/jon_band_publishes_educational.html

Harper, G. K. (2007). Fair Use of Copyrighted Materials. Copyright Crash Course. Retrieved January 9, 2008, from http://copyright.lib.utexas.edu/copypol2.html

Indiana University Purdue University Indiana Copyright Management Center (2006). Checklist for Fair Use. Retrieved January 9, 2008 from http://www.copyright.iupui.edu/checklist.htm

Nolo & Standford University Libraries. (2007). Chapter 9: Fair Use. Copyright and Fair Use. Retrieved January 9, 2008, from http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html

University of Minnesota Libraries. (2006). Fair Use Analysis Tool. Copyright Information & Education. Retrieved January 9, 2008, from http://www.lib.umn.edu/copyright/checklist.phtml

Fair Use:
Analysis, Tools & Checklist

Using the Four Factor Fair Use Test. Copyright Crash Course, by Georgia Harper.
Measuring Fair Use: The Four Factors. Stanford University Libraries.
Fair Use Analysis Tool. University of Minnesota.
Fair Use Checklist. Columbia University Libraries Copyright Advisory Office.
Fair Use. United States Copyright Office.

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