Show me the Money! Or Not? Making Sense of the Fourth Factor of Fair Use.

Abstract

The fair use exception, found in Section 107 of US copyright law, is frequently utilized by librarians looking to reuse the works of others to provide services and resources to patrons (e.g. digitization projects, academic library course reserve services, and using images found online in promotional materials for library programs and events). Making a fair use determination involves thinking through the four factors of fair use which include: (1) the purpose of the use, (2) the nature of the work being copied, (3) the amount of the work being copied, (4) and the potential effect on the market for the original work. The fourth factor of fair use is often the most puzzling for librarians. In this session, a panel of experts, will provide diverse viewpoints on what constitutes market effect based of their knowledge of the law, their experience in making fair use determinations, and within the context of various judicial rulings on fair use. Session participants will leave with a better understanding of the fourth factor of fair use, allowing them to make more thoughtful and informed applications of the exception in the workplace.