What best describes Fair Use (Section 107 of the U.S. Copyright Law)?

A. Educational Use

B. Open Access

C. Non-commercial use

D.  Limitations on exclusive rights.

The correct answer is D. Fair Use (U.S. Code Title 17, Chapter 1, Section 107) delineates a variety of limitations on the exclusive rights of copyright holders (found in Section 106). Copyright holders (e.g. authors, artists, composers, creators) have exclusive rights to reproduce, sell, prepare derivative works, perform, display, and digitally transmit their works for a specific duration. Fair Use delineates certain limitations on those rights, such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. Fair Use is evaluated on the basis of “four factors,” which briefly are: purpose and character of the use, nature of the work, amount used, and market effect. While educational and noncommercial use work in favor of Fair Use, commercial endeavors also rely on Fair Use in order to create new works.

Sources:

Crews, Kenneth. Copyright Law For Educators and Librarians: Creative Strategies & Practical Solutions. 3rd ed. Chicago: American Library Association, 2012. Part III, Fair Use. Ebook

“Fair Use.” Columbia University Libraries Copyright Advisory Office. Accessed February 21, 2016. https://copyright.columbia.edu/basics/fair-use.html

 

Margaret Ericson, Arts Librarian and Copyright Liaison. http://libguides.colby.edu/copyright/fairuse