Criteria 1: What is the purpose and character of the use?
Use that is “non-profit educational” carries a lot of
weight as to fair use. In addition, if the use is criticism, commentary,
parody or in some other way "transformative" such as quotations
used in a paper, or parts of a copyright-protected work used in a multimedia
production for your teaching, it is also considered fair use.
Note: The fact that you are not charging money does not by itself constitute
fair use.
Criteria 2: What is the nature of the work?
This refers to the nature of the original work. Was it, for example,
published or unpublished? Was it fiction, non-fiction or personal expression?
Fair use favors published, factual work over dramatic works or works
of personal expression. However, if the purpose and character of use
is non-profit public education, even dramatic works and works of personal
expression can fall into the fair use arena. In addition, the work being
used must be from a legally obtained copy.
Criteria 3: What is the amount and quality of the work being
use?
Key to this criterion is the amount of the portion used in relation
to the entire work. This is why specific numbers and percentages are
difficult to assign. For example, 10 pages of a 270-page novel is far
different from 10 pages of a 20-page journal article. This criterion
also considers the quality or amount of key information used. Using
key plot scenes from a novel can weigh against fair use. However, as
mentioned above, if the purpose is non-profit education or scholarly
research, then in some cases using an entire work is considered fair
use.
Criteria 4: What effect does the use have on the market for
the original work?
Several factors come into play here. For example, is the work available
for sale? How widespread is the use? How long or how often will the
work be used? Does this use affect the copyright owner's ability to
collect royalties?
If the work is commercially available then it is prudent to purchase
or have the school purchase a copy. Even if the work is available for
sale it is permissible to use a legally obtained copy for one term.
After that, an original should be purchased.
Finally, educational use should be limited to the educational community.
This could include the class, parents, as well as school faculty and
administrators. In some cases it is even permissible to use copyright
work in conference presentations. However, the reproduction of the work
should not be made available to the general public.