What is the impact of the "fair use" doctrine on printing copies?

Written by FreeAdvice Staff

The doctrine of "fair use" permits reproduction for scholarship and research, among other certain restricted uses. In other words, where we, as a society, think our general welfare is increased by making information publicly available and usable. This doctrine stops the moment any commercial interest gets involved; so as soon as you start generating profits as a result of using the copy, you are no longer protected by this safe haven. It's guaranteed that you will run into trouble when you make multiple copies and then use these copies in your trade or business. Because you are not protected by the fair use doctrine in commercial settings, ask for permission before usage.

Fair Use in Scholarship

Non-profit educational institutions such as schools and non-profit tutoring agencies fall under the fair use exception. This means that you can safely and without fear of liability make photocopies, recordings, and any other necessary materials for your students. However, in my experience, it is still typically a good idea to let the author know that you are using their material. Most authors appreciate knowing when their material is used in a classroom, and sometimes they may even surprise you with a guest appearance.

Fair Use in Research

When writing a research paper or conducting a study, it is inevitable that you will refer back to previous experts and research. When done properly, this falls under the fair use doctrine and is typically permissive by most publishers as well. Keep in mind that if your project is for a business, you cannot directly copy anything that was previously published, and must create everything yourself. When using photocopied information for research related work, you will most likely also be responsible for using proper citation and documentation as per your publisher’s requirements.

Getting Help

If you are unsure as to whether your organization falls under the fair use doctrine, contact either a copyright attorney or your publisher for a consultation. 

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