Introduction
Often, faculty and staff wish to use, in the course of their teaching, research, or other University activities, works created by another that are protected by copyright, such as written text, images, drawings, music, and portions of television shows or movies. Generally, if a work that you wish to use is protected by copyright, then you must get the copyright owner’s permission to use it, UNLESS your proposed use falls within an exception in the copyright law that will let you use the work without getting permission. If someone uses another’s copyrighted work without either permission or an exception to the need for permission, s/he is engaging in copyright infringement, which is a violation of University policy and is subject to substantial civil and criminal penalties under the law.

One exception to the need for permission, in Section 107 of the copyright law, lets you make “fair use” of copyrighted works without the owner’s permission. What constitutes a “fair use” is not defined in the law; whether a particular use may be considered “fair” has to be judged on the facts relating to that use, guided by certain factors listed in Section 107 and by any other facts pointing to whether or not allowing the proposed use, without the permission of (and perhaps a fee to) the copyright owner would be equitable.

This means that deciding whether a proposed use is “fair use” isn’t always easy or clear. The important thing is for faculty and staff to make reasonable, well-informed, good faith judgments as to whether or not their proposed use is “fair.” If they do, then the University will defend and indemnify them against claims by a copyright owner that a use was not “fair” and that copyright infringement has occurred, and the law also provides certain protections.

The University’s policy is to help faculty and staff in making fair use determinations, by providing resources and guidance. The Fair Use Associate is one of the resources available to help you. It is designed to help walk you through a fair use analysis by asking questions about the various factors involved in assessing fair use. Based on your answers, it will indicate (a) that your proposed use appears to come within fair use, (b) that your proposed use appears to fall outside fair use, or (c) that it is unclear whether your proposed use may be considered fair use, and therefore review by the Counsel’s Office is suggested.

PLEASE NOTE: The Fair Use Associate provides information about the law. It does NOT provide legal advice--an authoritative application of the law, by a University lawyer, to your specific circumstances to determine whether your proposed use is fair use. If you want assurance that the information you receive from the Fair Use Associate, and your interpretation of it, is appropriate to your particular circumstances, please contact the Counsel’s Office, at (812) 855-9739.