Fair Use Resources

The Youth and Media team at the Berkman Klein Center for Internet and Society has collaborated with the Harvard Cyberlaw Clinic and Radio Berkman to create three educational resources that help teachers and students learn about fair use. We released these materials  as part of the Fair Use/Fair Dealing Week Feb 22-26, 2016 (#Fairuseweek2016). During this week several universities, libraries, and other organizations host events, published blog posts, and shared new videos and learning resources related to the application of the fair use doctrine, particularly in the context of education.

We have helped to produce a new episode of Radio Berkman podcast about the basics of fair use. In the episode, Olga and Leo, two law students working at the Harvard Cyberlaw Clinic, introduce the fair use doctrine, and describe the four different factors that determine whether a use is fair. Those factors are:

  1. the purpose and character of the use;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the use; and
  4. the effect on the market for the underlying work.

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In collaboration with the the Cyberlaw Clinic we have created a guide for teachers that includes a variety of resources from different organizations to help teach students about fair use. The resources include text-based guides, videos, checklists, and charts. You can check our fair use guide here.

We have also produced an infographic to explain the fair use doctrine in a visual way and provide examples of the application of the four different factors. You can download it with high resolution (1000x4000pixels) from here.


Our fair use resources are also available at the Digital Literacy Resource Platform and are part of our growing collection of Creative Expression tools. Check out our new materials and share them as we celebrate Fair Use Week!