The following four factors are used to determine if a use is fair:
* Not all uses in an academic context are automatically considered fair use!
The Fair Use Doctrine is probably the most important exemption to copyright protections for educational settings, allowing many uses of copyrighted works for the purposes of teaching and research. The complexity of fair use and its importance in academia make it imperative that every member of OC understands how to make judgments concerning fair use.
The Technology, Education and Copyright Harmonization (“TEACH”) Act was enacted in November 2002 as an amendment to the Copyright Act of 1976. Under the Teach Act, accredited, nonprofit U.S. educational institutions are permitted to make certain copyright-protected materials available online to students, without having to obtain permission from the copyright holder. The TEACH Act’s exemptions are intended for distance learning purposes only.