Summary of this Module

At this point you should have a good understanding of how some of the exemptions that are part of the U.S. Copyright Law help to achieve that ever elusive balance between the monopoly interests of the copyright owners and the interest of the public for free access and certain allowed uses of works protected by copyright.
The required application and practical decision making of what constitutes fair use or how TEACH or the library exemptions will apply to a given situation may be difficult and require some good analysis and critical thinking.
In summary, some important points to remember:

  • Fair use can be applied to many different situations, scenarios, mediums and formats. Purposefully, it is meant to be flexible and applicable to a wide variety of circumstances.
  • All four fair use factors need to be considered and applied when justifying a fair use claim.
  • The Checklist for Fair Use is a useful way to document your “reasoned” analysis for a fair use claim.
  • The TEACH Act provides some allowed uses for materials protected by copyright in distance education and online situations.
  • Section 108, U.S. Copyright Law allows libraries and archives the flexibility of providing copies of works protected by copyright within specified conditions and requirements.

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