Fair Use - The Four Factors Test
Periodically, I get asked about the use of text and/or graphics from journal articles or other copyrighted sources in presentations. Lately, with the use of web conferencing and virtual meetings increasing rapidly, it's an excellent question to revisit.
http://copyright.gov/fls/fl102.html
Let's be clear from the start. There is no simple rule that covers fair use and it is important to evaluate every use. It isn't difficult or time consuming, at least most of the time. In the cases where it isn't clear, email me and I'll do my best to help.
So, what are the four factors?
Section 107 of the copyright law sets out four factors to be considered in determining whether or not a particular use is fair:
1. The purpose and character of the use, including whether such use is of
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.
Purpose and character - In most of our uses, the intention is educational and non-profit, but that isn't, by itself, enough.
Nature of the work - Is it appropriate? Running a copyrighted feature movie at an extension educational meeting is not covered fair use. Citing journals including text and graphics relevant to the educational goal is fair use.
Amount - This isn't always clear. Is 10% substantial? It might be. If it's 10 seconds of a short video, 10% might be fine. Ten percent of War and Peace is not fair use.
Monetary impact- If your contemplated use could have an economic impact on the copyright holder, get permission. Put yourself in the copyright holder's position.
No single factor is sufficient to insure that any given use is protected under fair use. If your use passes all 4 factors, you can be reasonably confident it's okay to proceed.
As for web conferences or virtual meetings, the four factors test still applies.
As always, when in doubt, get permission. Feel free to contact me with questions. I'm not an attorney and I've never played one on TV, but I'll do my best to point you in the right direction or get in touch with the right person.
Bob