Question title

Shouldn't all materials used in teaching be considered "Fair Use"?

FAQ Answer

Answer

The doctrine of Fair Use can identify an exception to copyright. "Fair Use" is a standard created by case law an interpreted in U.S. courts. It weights four factors, and the decision of whether something is considered a “Fair use” is a judgment call.​ An Educational use is just one of those four factors.

  • Please consult with a librarian if you think your use case may fall under this.​

  • We can provide a Fair Use evaluation tool so that you can document your use properly.​

The Four Factors

A table with brief description of each of the four factors of The Fair Use Doctrine
Purpose and character of the use

Nonprofit educational purposes more likely fair use
than commercial educational purposes

Nature of the copyrighted work Factual works more likely fair use than creative works      
Amount and significance used relative to the entire work     

Smaller portions more likely fair use than larger
portions

Impact on potential market for the work Little or no market impact more likely fair use than
uses which interfere with potential markets



Answered By: Sara Davidson Squibb
Last Updated: Jul 28, 2025    Views: 96