ReserveRequestForm(rev12‐11‐17)
Copyright Information
Before submitting items on reserve- use a Fair Use Evaluator and PRINT a copy of the results.
Fair Use Evaluation online tool available at http://librarycopyright.net/resources/fairuse/index.php
San Diego Community College District Copyright Policy https://www.sdccd.edu/about/departments-and-
offices/instructional-services-division/copyright.aspx
The fair use doctrine provides for limited use of copyrighted materials for educational and research
purposes without permission from the copyright owner.
Whether a particular use is a "fair" use requires a case-by-case balancing of four subjective factors. Those
factors include:
1. The purpose and character of the use. Use for educational, non-profit and personal use is favored
over commercial use. However, not all educational uses are fair use.
2. The nature of the copyrighted work to be used. Use of a work that is factual in nature weighs toward
a finding of fair use. Use of imaginative works is more likely to require permission.
3. The amount and significance of the portion used in relation to the entire work. When only smaller
portions of a work are reproduced, the balance tips in favor of fair use. When large portions are
reproduced, the balance tips against fair use.
4. The impact of the use upon the potential market for or value of the copyrighted work. Uses that have
little or no impact on the marketability of the work are more likely to be considered fair use. Where
a work is available for purchase or license at a reasonable cost, copying all or a significant portion of
the work (in lieu of purchasing or licensing a sufficient number of authorized copies) would likely
weigh against fair use.
The fair use law is purposefully broad and flexible. It requires thoughtful analysis of each of the four factors
based on the particular facts of the situation. A final determination of fair use depends on weighing and
balancing all four factors against the facts of an individual situation. Faculty, administrators, staff, and
students are encouraged to make decisions about a contemplated fair use of copyrighted works in an
informed and reasonable manner in order to meet educational and research objectives. If it is unclear
whether a particular use is permitted under the fair use doctrine, you should consider obtaining permission
from the copyright owner to use the work.
Questions concerning copyright issues may be directed to Lisa Burgert, Collection Development/Open
Educational Resources Librarian. She may be reached at 619-388-2619 or lburgert@sdccd.edu
