How to Determine Fair Use Evaluations

Writers may find occasion for particular concern over what constitutes fair use in situations where they want to use material not created by them. Excerpts, images, poems, educational materials . . . these are just a few of the commonly-shared, duplicated and otherwise used materials that artists and information gatherers may utilize. 

Most of us may have a fair idea of the transgressions that would constitute an unfair use. Still, there will be occasions of doubt. During these times (at least), it’s recommended to evaluate certain points of the target material’s intended usage, which include and are not limited to (1.) portion of work used (2.) market effect (3.) actual need of use (4.) source of use.

It can get complicated, and has often required the intense inspection of the courts system to determine disputes arisen from complaints of copyright violation. For this reason, it is advisable to practice thorough precaution. 

How to Avoid Plagiarism and Unfair Use:

One could keep and practice their own method of determinate usage parameters, which most of us do in some form or other. However, consider: how many of us are legal experts? There may be a better solution. There are helpful agencies and representatives who have taken the time to offer form resources as tools for help in identifying issues related to a writer’s intended usage of a material. 

• The American Library Association Office for Information Technology Policy (Michael Brewer) offers an online tool which evaluates the parameters for you and then offers a PDF document for your files. While this tool disclaims against legal advice, it does offer an encompassing examination of points that may be otherwise left out of general consideration. 

• University of Minnesota Regents offer their own tool, another submittable online form. In this case, you may choose an email copy of the result or an unretained online summary of fair usage weights and measures. 

• Columbia University Libraries Information Services website offers the Center for Digital Research and Scholarship Fair Use Checklist. 

As an alternative, or in addition to at least one of the tools above, take time to review copyright standards, practices and law via the reference links below. Take a moment as well to tell other readers here about your own interesting copyright adventures. 

###

Ref:

U.S. Copyright Act

Doctrine of Fair Use and examples from the the U.S. Copyright Office

University of Minnesota Copyright Information & Resources