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Fair use

The four determining factors below are taken directly from the text of section 107:

  • The purpose and character of the use, including whether such 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 copyrighted work as a whole; and
  • The effect of the use upon the potential market for or value of the copyrighted work.

Exceptions for Libraries and Archives

There are three major exceptions that the Baker Library and the Archives take advantage of.

  • Interlibrary Loan.
    Under the CONTU Guidelines on Photocopying for Interlibrary Loan a limited number of copies of recent materials may be borrowed for Baker students, faculty and staff without payment of royalties. The library contracts with the Copyright Clearance Center to pay royalties on copies that exceed the limits in those guidelines.
  • Preservation.
    The copyright law allows a library or archive to make a single copy of published works or three copies of unpublished works that are under copyright for the purpose of preservation. Likewise, it allows them to make single copies of published works as replacements if new copies cannot be obtained at a fair price.
  • Reserves.
    In addition, the library takes advantage of the Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals, as reprinted in the Copyright Office’s Circular 21. The library requires permission to be granted for further uses.

Persons with Disabilities


Other limitations to the copyright law are spelled out within the law in sections relating to certain performances, secondary transmissions, ephemeral recordings, computer programs and satellite carriers.