SUM09Q3ANS

Summer 2009 Question 3
What is the doctrine of ‘fair use’? Why is it important? Describe two uses for which reproduction of a part of a work (under certain conditions) is considered “fair use”. Identify a specific information environment or library type and describe the appropriate strategies you would use to educate your patrons about fair use.

Fair use provides limited exeptions to the exclusive rights of copyright holders so that knowledge and scholarship might advance. Fair use has certain aspects that apply to everyone and others that apply to only certain classes of use, such as use in nonprofit schools. The factors to consider when determining fair use are:
 * 1) the purpose and character of use (commercial or nonprofit educational purposes)
 * 2) the nature of the copyrighted work
 * 3) the portion of the copyrighted work that is used in relation to the whole
 * 4) the effect of the use upon the potential market for or value of the copyrighted work

The fair use doctrine allows legitimate educational use of copyrighted materials while still protecting the rights of the author.

It is a balance of the need for an author to protect his rights to exploit his work (commercially or privately) while still fulfilling the need for the public to have access to the fruits of knowledge to advance scientific and creative endeavors. (//Copyright for Schools: A Practical Guide// by Carol Simpson)