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Guidelines for Fair Use

Materials copied for use in the classroom or published for more than personal use, should be tested for purpose, nature, amount, and market effect, which are the four factors identified by the U.S. Supreme Court to determine qualification as Fair Use. These four factors are weighted equally, and the preponderance of factors favoring Fair Use qualified as a document’s status.

The briefest definitions for the four factors are as follows.

- Purpose is the reason and setting for the use of copied materials.

- Nature is the origin and unique attributes of the material.

- Amount is the portion copied in relationship to the work as a whole.

- Market Effect is the impact on the value of the work caused by its duplication.

See self analysis of Fair Use tool found on this site. It may be used as a guideline for determining the status of an article.

Helpful Websites:

Milner Library at Illinois State University www.mlb.ilstu.edu/service/copyright/home.htm

Stanford University www.iupui.edu/~copyinfo

Copyright Crash Course, University of Texas www.utsystem.edu/OGC/intellectualProperty/cprtindx.htm

LibraryLaw.com www.librarylaw.com