What Factors Can Make a Use Fair?
Although it may be difficult to determine whether copying constitutes fair use, there are certain factors which, in the past, have caused a court to find fair use: The purpose of the use is for criticism, comment or teaching (including multiple copies for classroom use). The use will be for non-commercial purposes, such as educational or nonprofit use. A copy shop charges only for copying and binding course packs and is not involved in the selection or authorization of materials copied for the course pack. Copying is limited to the amount of material needed to achieve the intended educational purpose. In considering this factor, some courts have looked to whether the copying captures the “heart of the work.” Where a professor would not have assigned the material if students were required to purchase the entire work, this would suggest that the amount of copying was fair use. The amount copied is not a substitute for the purchase of a copy of the entire copyrighted work. The copied mate
