Using Information > 2: Fair Use / Good Use

2A: What is Fair Use?

When is it fair use?
If you are doing a class research project, the fair use rule allows you to use a small portion of a copyrighted work without asking permission. Fair use applies when you want to use part of a work for:

2B: Questions and Answers

Let's consider some typical questions a student might have about fair use.

Can you copy sections from an encyclopedia and post them on a Web site you have created for a class?

Answer:
If the Web site was created for a class assignment and will be available to others in the class for only a limited time, you can use materials in the same way you would if you were creating a print project.

Fair use rules also consider the amount of the original that is copied. You cannot post an entire copyrighted article, but you can quote sections of it. If the article is available online from the encylopedia publisher, provide a link to the full text on the publisher's site.

Can you copy a photographic image from a Web page to use in a research project?

Answer:
Images are also subject to fair use guidelines. Fair Use Guidelines for Educational Multimedia states that ". . . a photograph or illustration may be used in its entirety but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated . . ."

You can generally use a photo, as long as the reproduction is not made widely available. If your research project will be posted on a Web site that is open to everyone, be cautious about using copyrighted photos or other materials. Try to find works with a relevant Creative Commons license instead.

Can you use personal writing, such as e-mail and discussion postings, in a research project without obtaining permission first?

Answer:
Discussion postings (to mailing lists, online forums, blogs) are generally considered published, since they are submitted for viewing by the entire group of readers. Fair use guidelines apply here. "Your posting the message to a discussion list almost certainly gives others an 'implied license' to quote it." (CyberSpace Law for Non-Lawyers)

E-mail, however, is unpublished, so fair use probably doesn't apply. Don't copy or use it in a research paper unless you have asked permission of the writer.

2C: Good Use Defined

Although fair use allows you to incorporate small parts of works that are copyrighted into class projects, you are still obligated to cite your sources, that is, indicate where the original can be found. Even works that have a Creative Commons license usually require "attribution," giving credit to the original creator.

Good use of information also means avoiding plagiarism. Plagiarism is the uncredited use (both intentional and unintentional) of somebody else's words or ideas. In the academic world, there are stiff penalties for claiming credit for the words of others. At Ohio State University, the Code of Student Conduct describes plagiarism and its consequences.

Efficient note-taking practices can help:

  1. Keep track of where information came from as you acquire it.
  2. Be sure to indicate page numbers for any information that you copy verbatim.
  3. Learn to paraphrase and summarize as you read.

Read Safe Practices (from the OWL at Purdue) for specific strategies to minimize your risk of accidental plagiarism.

Activity

Watch this movie for more on fair use: A Fair(y) Use Tale

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Pop Quiz

You can copy and use multimedia (images, sounds, etc.) in research projects:

Correct answer: [NOTE: Score is not recorded]

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