Fair use refers to Section 107 of the Copyright Act which specifies conditions under which materials afforded copyright protection may be used for specific purposes without the copyright holder's permission and without paying licensing fees. Luther encourages faculty to take advantage of these provisions to the extent legally allowable.
Practicing fair use involves considering the following four factors and balancing the results. In some cases, one factor may point toward fair use, another away from it. Good faith efforts, however, should lead to reasonable fair use judgments. These, in turn, provide a real level of protection from statutory damages in the event of a claim of copyright infringement. The four factors are:
The following online tools can assist community members in weighing the 'fair use' merits of any individual work: