Copyright & Educational Fair Use

Copyright law governs who may use original works of authorship and how such works may be used. Copyright law is rooted in the United States Constitution’s Copyright Clause (Article I, section 8, clause 8) which describes the power of Congress to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The Copyright Law of the United States is contained in Title 17 of the United States Code.

Given that the advancement of knowledge is inherent to copyright, there are specific limitations to the rights of copyright holders. At the same time, anyone wishing to use someone else's intellectual work (for example, in a paper or other publication; as a classroom handout; or even as material on a website), must respect the rights of copyright holders. The mix of rights and limitations creates a subjective and uneasy balance in copyright. The purpose of this guide is to provide information that will help educators and students alike find the correct balance.