Historical Studies

Fair Use - Section 107: (Excerpted) Fair use of a copyrighted work for non-profit, educational purposes, such as criticism, comment, news reporting, teaching, scholarship or research, is not an infringement of copyright. A limited portion of any work may be used; however, use cannot affect the potential market for or value of the copyrighted work. Determining fair use is a complex process that involves a four-factor analysis that is critical to any good faith fair use assertion:

1. Purpose and character of the use - whether it is for commercial or nonprofit educational uses, though not all educational uses are fair use.
2. Nature of the work being copied - reproducing a factual work is more likely to be fair use than a creative work.
3. Amount and significance of portion being copied - reproducing smaller portions of a work is more likely to be fair use than large or essential portions.
4. Effect of the copying on the market for the original - uses which have no or little market impact are more likely to be fair than those that interfere with potential markets.

Acceptable materials generally include:

• A single article from a journal issue.
• A single chapter or less than 10% of a book.
• Materials created by the faculty, such as lecture notes and exams.

The library promotes compliance with copyright legislation and aids Stockton students, faculty, and staff in following Fair Use guidelines.