Affordable Course Materials and Open Educational Resources (OER): Creative Commons Licensing

To “use” a copyrighted work, you must either have the copyright holder’s permission, or you must qualify for a legal exception such as “fair use.” Fair Use is the legal, unauthorized use of copyrighted material, allowable under certain circumstances. Many educational and classroom use falls under fair use, but there are many images use cases that can be fair.

Fair use (Section 107 of the U.S. Copyright code) provides parameters for the legal use of copyrighted material without the permission of the copyright holder.

Four factors for determining fair use eligibility:

• Purpose and character of use, including whether the use is of a commercial nature or is for nonprofit educational purposes.
• The nature of the copyrighted work. 
• The amount and substantiality of the portion used in relation to the work as a whole.
• The effect of the use on the potential market for or value of the copyrighted work.