Fair use is the use of copyrighted material, without the holder’s permission, for purposes such as teaching, preparation for teaching, scholarship, research, criticism/comment/parody and news reporting. However, the law also stipulates criteria by which to determine if a use falls within the concept of fair use. Therefore, use of a copyrighted material for educational purposes is not automatically fair use under the law.
The law provides four factors to determine if a use constitutes fair use:
More information on Fair Use can be found in the Fair Use of Copyrighted Works pamphlet published by CETUS.
The Fair Use doctrine grants faculty and staff at the University at Albany privileges regarding the use of copyright materials for purposes of research and education. It is important to understand that educational use does not automatically constitute fair use. Faculty and staff need to be familiar with the factors that determine fair use of a copyrighted material before using such in teaching and research under the fair use doctrine.