{"id":151,"date":"2017-07-17T15:17:10","date_gmt":"2017-07-17T15:17:10","guid":{"rendered":"https:\/\/courses.lumenlearning.com\/suny-oerguide\/chapter\/the-fair-use-doctrine\/"},"modified":"2017-07-17T15:17:10","modified_gmt":"2017-07-17T15:17:10","slug":"the-fair-use-doctrine","status":"publish","type":"chapter","link":"https:\/\/courses.lumenlearning.com\/suny-oerguide\/chapter\/the-fair-use-doctrine\/","title":{"raw":"The \"Fair Use\" Doctrine","rendered":"The “Fair Use” Doctrine"},"content":{"raw":"

Is \"Fair Use\" simply guidelines or is it the \"The Law\"?<\/span><\/h2>\n

\u00a0<\/span><\/p>\n\u00a0\u201cThis document may contain copyrighted material whose use has not been specifically authorized by the copyright owner. The course author is making this content available in our efforts to advance the understanding of copyright law issues. We believe that this constitutes a 'fair use' of the copyrighted material as provided for in section 107\u00a0<\/span>and Section 110 of title 17(2) \"The TEACH Act\"\u00a0<\/span>of the U.S. Copyright Law<\/span>. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner.\u201d<\/span>\n\nDoes that get me \"off the hook\" with the producers of copyrighted\u00a0content I want to include in my course? I think so .... but, let's take a closer look at Fair Use.\u00a0<\/span>\n\nFair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist\u2019s work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work.<\/span>\n\nThe TEACH Act\u00a0 is the result of lengthy conversations and negotiations between representatives of the various stakeholders in the copyright arena.\u00a0 The result is a compromise that no group is entirely happy with and, for many, it is too much trouble to implement. Remember, however, that \"TEACH\" is really just a shorthand way of referring to the current Section 110(2) of the Copyright Act. \u00a0Just as you may choose not to rely on fair use, you can also choose not to rely on TEACH. \u00a0A summary of the TEACH Act is provided in the \"Digging Deeper\" folder in the Module and the J. Murrey Atkins Library at UNC Charlotte has a good webpage<\/a> dedicated to the TEACH Act.\u00a0<\/span>\n\nUnfortunately, if the copyright owner disagrees with your fair use interpretation, the dispute may have to be resolved by a lawsuit or arbitration. If it\u2019s not a fair use, then you are infringing upon the rights of the copyright owner and may be liable for damages. The only guidance for fair use is provided by a set of factors outlined in copyright law. These factors are weighed in each case to determine whether a use qualifies as a fair use. For example, one important factor is whether your use will deprive the copyright owner of income. Unfortunately, weighing the fair use factors is often quite subjective.<\/span>\n\nFor this reason, the fair use road map can be tricky to navigate.<\/span>\n\nHere are the \"Four Factors\" that judges will consider:<\/span>\n