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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. [why is this important?]
  • 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 [disclaimer] 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