Copyrighted Material in Canvas Faculty Guide

Fair Use in Education

While copyright law limits most uses of an item to the copyright holder, certain exemptions to the law exist, including the concept of fair use.

“Fair use” (17 U.S.C. §107) allows the public to use copyrighted materials without requiring permission from the copyright owner for educational purposes as well as in criticism, parody, commentary, journalism, and research.

There are four factors that determine whether a use is fair, including the purpose of the use, the nature of the copyrighted work, the amount of the work being used relative to the full work, and the effect the use might have on the market for the work.

There are no set rules for what constitutes a fair educational use as each use must be judged on its individual merits, but Supreme Court opinions on the subject have helped to establish best practices for print and digital course materials.

If your use falls under the following parameters, then the use can likely be considered fair, though please note this explanation does not guarantee fair use protections. Faculty are encouraged to link out to course materials whenever possible to avoid having to assess the parameters of fair use. You can also consider asking permission for the use from the copyright holder.

Adapted in part from Copyright in the Classroom | UC Copyright (universityofcalifornia.edu).