Copyright at NPS

Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder. (See Title 17, section 107)

What is Fair Use?

“Fair use” is an exemption within the copyright law (17 U.S. Code Section 107) that grants you the right to quote or reproduce very small portions of copyrighted materials for educational, non-profit, and personal use without first obtaining permission from the copyright holder.  “Fair use” is not specifically defined; instead, each use is evaluated by weighing four factors:

The following four factors are used to determine if a use is fair:

1. Character of the use (for NPS, typically non-profit educational use)
2. Nature of material to be used (non-fiction vs. works of literature, drama, criticism)
3. Amount and substance of work to be used (up to 10% of whole)
4. Effect of the use on the potential market (economic impact)

The scenarios below are intended to help faculty and students evaluate Fair Use. These scenarios are illustrative, not exhaustive. 

The examples deal with situations involving:

The Fair Use Doctrine is probably the most important exemption to copyright protections for educational settings, allowing many uses of copyrighted works for the purposes of teaching and research. The complexity of fair use and its importance in academia make it imperative that every member of the NPS research community understands how to make judgements concerning fair use.

Review these Common Scenarios to help you determine whether or not fair use is appropriate.

Here are some excellent best practices documents, with good examples, for Fair Use across various media: