Copyright Awareness Part 3 : Fair Use

by Deb Knippel, Ministry Health Care Library & Information Consultant

Fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is NOT an infringement of copyright.  Fair use is determined on a case by case basis considering these four points: 

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes 
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
4. The effect of the use upon the potential market for or value of the copyrighted work

Note on Fair Use in education:  Education in a corporate environment (such as MHC) has more restrictive permissions than those granted in an academic environment such as a school or university.   For example, it would be permissible to show a segment of film in an academic classroom as part of a course.  Showing a segment of a film, even for educational purposes, in a corporate educational program or meeting would require permission.

Learn more about Fair Use! 

Once you have decided that you would like to use a work:

• Look for “Terms of Use”, Creative Commons or other information that may outline permissions. 
• Check our Completed Copyrights QuickBase Application to see if permission has already been secured.  This data base lists what permissions Ministry Health Care has acquired for the system, permissions for each work and access to the correct document. 
• If you are unable to determine permission, use the Copyright Decision Tree for assistance in determining the best action for what you would like to use.  (Adapted from Wayne State University Libraries - Used with Permission)
• Your Librarians can assist with contacting the copyright holder if needed. 
• When requesting permission to use a work, remember to request for the MHC system not just for your department or facility. 

Want to learn more now?  Visit the Copyright LibGuide!

Remember, your Librarians, Michele Matucheski and Deb Knippel are available to help you with copyright questions as well as other reference needs.