Fair Use, Not-for-Profit Use, and For-Profit Use

Fair Use

The fair use doctrine was codified in Section 107 of the United States Copyright Act of 1976. Generally, fair use refers to legally permitted uses of copyrighted material for purposes such as criticism, comment, and education. Common examples of fair use include:

• teaching
• student papers and projects
• research
• reference

Excerpt from US Copyright Law pertaining to Fair Use

Code of Best Practices in Fair Use for Academic and Research Libraries (Center for Social Media, Association of Research Libraries)

Not-for-Profit Use

It is necessary to obtain licensing and permissions for not-for-profit use of intellectual property. Licensing and permission determinations have to do with the use of the materials reproduced; the tax-exempt status of the organization is not a factor in making these determinations. Distribution free of charge of materials reproduced from our holdings qualifies as not-for-profit use and is eligible for our discounted fee.

• publication in a freely distributed journal that does not require membership or subscription fees
• broadcast on public radio or television without advertising
• delivered via pro bono speaking engagement
• use on a non-profit organization’s website
  

For-Profit Use

Distribution for a fee of materials reproduced from our holdings

• any print or digital publication offered for sale, including via subscription or membership fees
• commercial broadcast
• DVD or other media sales related to public broadcast
• delivered via paid speaking engagement
• use on a commercial website

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