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The University of Iowa Libraries

The University of Iowa Libraries

Guides

Copyright: Fair Use

What is public domain?

Image by anarres at openclipart.org

Copyrighted material can be used freely if it is in the public domain, which is the case where the work is no longer protected by copyright or never met the requirements for copyright protection in the first place. Because works in the public domain are no longer protected by copyright, they may be freely used without permission.

How do I get permission?

The Copyright Clearance Center is a site to get permission to reproduce copyrighted works, when necessary. It can also help you determine whether fair use applies.

What is Fair Use?

Section 107 of the U.S. Copyright law provides for the use of copyrighted materials under certain circumstances defined as “fair use.” The law lists required criteria to  determine if a particular use can be considered fair use under the law.

  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 substantially 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.

Determining fair use

How do I know if it's fair use? 

These tools can help: 

Digital Copyright Slider. The American Library Association created this tool to determine a work's copyright status. Simply slide the arrow to the publication date of the material in question.

Fair Use Evaluator is another, similar tool.

Exceptions for Instructors eTool for information related to the Teach Act.

University of Iowa Fair Use Analysis Checklist. This checklist, from UI Libraries, helps students determine whether their use of copyrighted materials applies to fair use. 

Determining Fair Use.This helpful infographic can assist with determining Fair Use.

Copyright Crash Course provides extensive information about fair use from University of Texas.

Thinking Through Fair Use. A guide from the Minnesota University Library allows you to generate a customized fair use analysis.

Code of Best Practices: Fair Use for Academic and Research Libraries. This code was developed by and for academic and research librarians.