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Fair Use

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The concept of Fair Use, for educational purposes, is often misunderstood. The Copyright Office is deliberately fuzzy about Fair Use, but Section 107 does provide the ground work for understanding:

The purpose and character of the use, including whether such use is of commercial nature or for non-profit educational purposes:

Are you going to use this to make money or is it just for educational or non-profit use? If what you plan to do with the copyrighted work stands to make a profit, it is not considered Fair Use.

The nature of the copyrighted work:

How much are you going to use? The entire book or all the pictures in a book? Sorry, no can do. Generally you can use:
Images and Photographs - No more than 2 to 5 images by the same author or no more than 15 images or 10% of a collection; whichever is less.

Written Text - 10% of the work or 1,000 words; whichever is less. You can use 1 chart or 1 diagram per book. You must display the copyright symbol and state who is the copyright holder.

If the copyright holder objects (you should have asked permission), then you must remove the material, pay compensation to the copyright holder, or both.

The amount and substantiality of the portion used in relation to the copyrighted work as a whole and the effect on the use upon the potential market for or value of the copyrighted work.

You cannot use an entire page out of a workbook or consumable copyrighted work. There is no amount that you could use that would not hurt the original copyright owner.
And you can't use so much of the work that it would render the commercial value useless.

These are only suggested guidelines adapted from The Technology and Learning Web Site. They have a good Fair Use chart that you can download as a PDF file. http://www.techlearning.com


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