Guidelines Can Provide Some Direction
Fair use has come to be a understood as a right to use copyrighted materials in certain circumstances without first seeking permission of the copyright holder. Technically, fair use is more like a defense to a charge of illegal infringement than it is a legally granted right. Consequently, it is difficult to define fair use in advance of a factual review of the circumstances by a court. However, there have been attempts to set out guidelines to help users, particular in the educational setting, determine in advance whether a particular use will be considered “fair” or not. None of these guidelines have the force of law, and a person following these guidelines could still be found guilty of copyright infringement, although there has not yet been a case where a court has failed to followed these guidelines.
The following are links to fair use guidelines created by a variety of committees, organizations, and consortiums, covering various types of media.
• Classroom Photocopying
• Uses of Music
• Off-Air recording of Television Broadcasts
• ALA Guidelines for Classroom, Research and Reserves Uses
• ALA Guidelines for Videotapes and Software
• Software Uses Electronic Reserves
• Interlibrary Loans
• Conference on Fair Use Report
o Digital Images
o Distance Learning
o Multimedia Development
While these guidelines can be helpful in many situations, whenever possible you should always seek permission from the copyright holder rather than relying on any guidelines.
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