• The Effect of the Use upon the Potential Market for or Value of the Copyrighted Work . This factor is considered the most important element to be considered under the fair use analysis . Duplication or use of a copyrighted work that is not detrimental to and does not diminish the potential market for the work will support the fair use policy .
FAIR USE GUIDELINES FOR :
Audiovisuals Permitted Uses : Legally produced and obtained audiovisual works may be used in non-profit educational institutions under the following conditions :
• The work must be part of the educational program ;
• The work must be shown by a student , instructor , or guest lecturer ;
• The work must be shown in a classroom or other school location devoted to instruction ;
• The work must be shown only to students in the class , that is , no guest viewing the work for entertainment or enrichment .
Prohibited Uses : Use is prohibited in non-profit educational institutions when :
• The work is used for entertainment , recreation , or even cultural or intellectual value unrelated to teaching activities ;
• The work is transmitted by radio or television ( this includes closed circuit ) from an outside location ;
• The work is shown in an auditorium before an audience not confined to students .
Off Air Taping Permitted Uses : Off air taping ( tape or other electronic means ) has specific regulations that permit classroom use :
• The material may be retained for 45 days from the airing but then must be erased ;
• The material may be shown in class only during the first ten days after the broadcast . ( Some PBS programs can only be used and retained for seven days );
• The material may be shown to students no more than two times during a ten-day period . After the ten-day period , only teachers may view the material ;
• The contents may not be altered or combined to form anthologies but need not be shown in their entirety .
Rental sources ( e . g ., borrowed from the library ) may be shown in class . Libraries have the right to loan , sell , or otherwise dispose of legally obtained tapes . The “ for home use only ” labels do not prevent library or classroom use of legal tapes . Back-up tapes are only permitted when the original is deteriorating and is no longer available on the market .
Photocopying Permitted Uses : Teachers preparing for a class may make a single copy of :
• A book chapter ;
• An article ;
• A short story , essay , or short poem ;
• A chart , graph , diagram , cartoon , drawing , or picture .
Teachers may duplicate enough copies to provide one copy for each student in a course , as long as each copy includes a notice of copyright and as long as they meet the following three tests :
• Brevity . For poetry , the suggested maximum is 250 words . For prose , the guidelines offer two different limitations . Educators may copy any complete story , essay , or article under 2,500 words or excerpts of not more than 1,000 words or 10 % of the text . For illustrations , the guidelines
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