Copyright Services

Fair use is a legal exemption to the exclusive rights of copyright holders. It is determined on a case-by-case basis and is based on a consideration of the following four fair use factors provided in Section 107 of the Copyright Act:

• The purpose and character of the use (including whether it is transformative, commercial, non-profit, or educational)
• The nature of the copyrighted work
• The amount and substantiality of the portion to be used
• The effect upon the potential market for the copyrighted work

Because intention is a part of the consideration, only the user can make the initial assessment of whether their use is fair. 

Fair use rules do not state a concrete maximum of usable material (not a number of words, a length of time, or a percent of the total). Fair use also does not mean that Tulane users can use/distribute any copyrighted material they want simply because Tulane is an educational non-profit. We are bound by copyright law too! Fair use is just guidelines. Ultimately, it is only the courts who can rule in favor of fair use or infringement, should a lawsuit arise