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Copyright and Fair Use

An overview of copyright and Fair Use in education.

Fair Use Evaluator

What this tool can do for you:

  • Help you better understand how to determine the "fairness" of a use under the U.S. Copyright Code.
  • Collect, organize & archive the information you might need to support a fair use evaluation.
  • Provide you with a time-stamped, PDF document for your records [example], which could prove valuable, should you ever be asked by a copyright holder to provide your fair use evaluation and the data you used to support it. 
  • Provide access to educational materials, external copyright resources, and contact information for copyright help at local & national levels.

What this tool cannot do for you:

  • This tool does not provide legal advice. It records the information you provide it as well as your own judgment on the fairness of the use. See the tool for more information.
  • Only a court of law can definitively rule on whether a use is fair or unfair. This tool does not assume or predict a court outcome.

Fair Use Checklist

The checklist is a helpful tool to determine whether you would be protected under the Fair Use exception for using resources in your teaching. This is just a guide, and the scope depends on the particular facts of a situation. It does not constitute legal advise, so when it doubt, it is advisable to consult with the district's legal experts. MCCCD page with checklist link.

Use this as a roadmap to consider the persuasive strength of the circumstances and whether the overall conditions lean for or against fair use.

 

 

Copyright/ Fair Use Chart

copyright overview