Copyright law protects “original works of authorship,” including literary, dramatic, musical, artistic, and intellectual works. Hays CISD Libraries model Fair Use exemptions of copyrighted works. For more information please see the links below or contact your librarian.

• American Library Association, Copyright and Libraries
• Hays CISD Libraries Copyright Handbook
• Ten Myths of Copyright by Brad Templeton

What is a Fair Use Exemption?
A use of copyrighted material that does not infringe or violate the exclusive rights of the copyright holder.  Section 107 allows for the reproduction of copyrighted works for the purposes of criticism, comment, news reporting, teaching, scholarship, or research.  To quality for the exemption, all four factors  “Fair Use Test ” must be met.

1. Purpose and character of the use, including whether use is of a commercial nature or is for non-profit educational purposes
2. Nature of the copyrighted work
3. Amount and importance of the portion used in relation to the copyrighted work as a whole
   
4. Effect of the use upon the potential market for or value of the copyrighted work.

Even though “fair use” allows an exception, guidelines define the number, portion of the work reproduced and other criteria:
A. Single copies may be made of the following for scholarly use, for use in teaching, or in preparing to teach a class:  (ex- chapter of a book; article from a periodical; a short story…)
B. Multiple Copies for Classroom Criteria (must meet all five):

1. Brevity: limits on extent of work that can be copied
2. Spontaneity: teacher’s decision to use material must be so close to time of use that timely request for permission could not be made
3. Cumulative effect: must not have a negative effect on the market for the copyrighted work
4. No profit- students may not be charged more than actual copy cost
5. Copyright notice & attribution must be included