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Copyright & Educational Fair Use

This guide is a resource on copyright and fair use compliance for students, staff, and faculty at Nebraska Methodist College. It is intended to provide general information and does not constitute legal advice.

Fair Use Factors

"Four factors" are considered in all fair use evaluations. They are:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the work wherein creative or expressive copyrighted works are given greater protection than works of a factual nature
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work

These four factors are not meant to be exclusive and must be examined together.

The statute does not indicate how much weight is to be accorded each factor. Historically the courts have placed the most emphasis on "effect", while the "nature" of the copyrighted work is usually considered to be the least important factor.

Libraries strive to follow the Code of Best Practices in Fair Use as established by the Association of Research Libraries (see document below).

The Code deals with such common questions in higher education as:

When and how much copyrighted material can be digitized for student use? And should video be treated the same way as print?

How can libraries’ special collections be made available online?

Can libraries archive websites for the use of future students and scholars?

 Library staff are available Monday - Friday 9:00 a.m. - 5:00 p.m.

    Schedule an in-person or virtual appointment with a librarian   

 Call 402.354.7251  or  Email library@methodistcollege.edu