Using an unlicensed copyrighted work for criticism, comment, news reporting, teaching, scholarship, or research is considered fair use. Most academic work -what you do in class and when your write research papers, etc.- of copyrighted work is considered fair use.
"Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances."
There are four factors to consider when determining if the use of a copyrighted work constitutes fair use. Click on the other tabs in this box to learn about these factors.
Copyright users must decide for themselves if their use constitutes a fair use. But consider carefully, because copyright owners can sue for copyright infringement! If the court finds that your use of the work does not qualify as a fair use, the copyright owner may win monetary damages.
Source: U.S. Copyright Office
Purpose and character of the use: noncommercial uses (such as for nonprofit or educational use) are more likely to be considered fair use.
Nature of the copyrighted work: using factual works (like news stories or technical articles) are more likely to be considered fair use than creative works (like novels or music).
Amount of the work used: using a small portion of the copyrighted work is more likely to be considered fair use than using a large portion of the work. In addition, using an important part of the work may make the use less likely to be fair.
Effect of use on value of the work: if the unlicensed use of a copyrighted work has a negative affect on the market value of the work, it is less likely to be considered fair use.
There are several ways for people to appropriately use works they don't own. Here are some examples:
Remember, citations are always required for works that you did not create. Not citing your sources is considered plagiarism and is a violation of Montgomery College's Student Code of Conduct. Appropriately using a work does not mean you don't have to cite it!
Source: US Copyright Office
Public domain refers to works that are not protected by copyright or any other intellectual property protection. Works in the public domain are owned by the general public, so the work can be used by anyone.
Works can become part of the public domain in different ways. Click on the other tabs in this box to learn more about how a work can enter the public domain.
Source: US Copyright Office
Copyright protection does not last forever. The duration of copyright varies depending on when the work was created. Once copyright protection of a work expires, the work enters the public domain and anyone can use the work.
Source: US Copyright Office
Copyright owners can chose to place their works in the public domain.
You can tell if a work has been placed in the public domain by the owner if it contains various marks or statements. For example, you may see a "CC0" mark (Creative Commons 0), a "no rights reserved" statement, or a statement that "this work is dedicated to the public domain."
Learn more about Creative Commons in the box on the right.
Source: Creative Commons
An item may be ineligible for copyright if it doesn't meet various elements of the legal definition of copyright. For more details and examples, visit the Copyright page of this guide. Remember that just because an item isn't eligible for copyright protection doesn't mean it isn't eligible for other types of intellectual property protections, such as patents or trademarks.
Source: US Copyright Office
Learn more about copyright duration, public domain, and fair use by visiting the websites linked below.
Creative Commons is a nonprofit organization that provides easy-to-use licenses and public domain tools. Anyone can use those tools to grant copyright permissions for their works, ensure proper attribution, and allow others to copy, distribute, and make use of their work.
Our MC Creative Commons page. Lots more details and how-to info!
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