Fair Use and the Four Factors
17 U.S.C. §107
Notwithstanding the provisions of sections 17 U.S.C. §106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Moodle and Copyright
If you have been or are including copyrighted materials in Moodle without obtaining publisher permission, you will need to either ensure that your use of such materials constitutes fair use under the Copyright Act, or use some alternate method of delivery to reduce the risk to you and Lawrence.
Limiting access to a scanned article/chapter on Moodle, even if access is limited by password to registered students, does not guarantee fair use. You still need to weigh the four factors above that indicate fair use to determine if publisher permission is needed.
The library's licenses for a number of our electronic journals and databases include the right to use persistent links to articles. The publisher's permission does not need to be sought in these cases. Often these databases include instructions on how to create persistent links; please ask if you have any questions on linking.